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MINORITY REPORT. 



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MINORITY REPORT. 



Tdit 11, 1856. — Odereii to Ix; piinted. 



Mr. MoRDECAi Oliver, from the Select Ciimmittee, submitted the fol- 
lowing views of the minority. 

The undersigned, memher of the committee of three appointed hy the 
House of Representatives to investigate the state of affairs in Kansas, 
disagreeing with the vieivs and conclusions of his two colleagues, in 
the ivriften statement submitted hy them touching the result of their 
investigations, begs leave, under the permission of the House, to 
present a counter- statement. 

The authority under which the committee acted was an order of 
this House, passed the 19th of March last, directing them to "pro- 
coed to inquire into, and collect evidence in regard to, the troubles in 
Kansas generally, and particularly in regard to any fraud or force at- 
tempted or practised in reference to any of the elections which have 
taken place in said Territory, either under the law organizing saii^. 
Territory or ?iny p)retended law v^hich may be alleged to have take 
eflect there since ; and when the investigation was completed, to rt 
port the evidence so collected to the House." 

Under this resolution the committee entered upon the discharge 
of the duties imposed on them with as much dispatch as possible. 
Their labors were closed at Westport, Missouri^ on the 9th of June, 
1858. The paper in the nature of a report, di'awn up by the col- 
leagues of the undersigned on the committee, was not read to or by 
him, and he knew notliing of its contents or character until it was 
presented to the House. It was not the expectation of the under- 
signed that any other report Avould be submitted by them than tho 
testimony taken. A full execution of the commission of the House, 
he thought, was the presentation of the evidence collected. But as 
the majority of tlie committee have thought proper to comment on the 
chaiacter of the testimony, and to give their version of the substance 
Oi' tlie facts, which is altogetlier at variance from his understanding 
of both, the undersigned feels it incumbent on him to follow their 
example, by presenting like comments on his part. 

It must have been apparent to all, that the report of tlie majority 
was not only ex p)'^''>'te and one-sided, but higlily partisan in its char- 
acter from beginning to end. This appears all through the paper, in 
the manner of their statement of all things referred to by them, ai* 
facts, many of wliich statements of facts thus made rest upon no evi- 
dence whatever ccdlected by the committee 

>0^ 



^ 



KANSAS AFFAIRS. 69 



To justify this remark, the undersigned will, in the beginning of 
what he has to offer, barely allude to a few statements in the report 
of the majority, from which its whole character may he judged. It 
is, for instance, said by the majority, that "a party under H. C. 
Pate, composed chiefly of citizens of Missouri, were taken prisoners 
by a party of settlers ; and while your committee were at Westporfc, 
a company, chiefly of Missourians, accompanied by tlie sitting dele- 
gate, went to relieve Pate and his party, and a collision was pre- 
vented by the United States troops." 

Kow, the undersigned affirms mo.st positively that this statement has 
not one 2)article of proof, taken before the committee, to rest upon ! 
There is no testimony in the whole mass collected by the committee 
on that matter — none at all. But the undersigned affirms, that, in 
in his opinion, and according to the best of his information and belief, 
the fact is contrary to the statement of the majority ; at all events, 
so far as relates to Captain Pate. Since that report has been made, 
under indulgence granted by this House, testimony has been taken on 
that point, from which it is made very clearly to appear that this state- 
ment, made without proof in the first instance, was founded wholly in 
error. Captain Pate himself — a man of character and integrity — 
swears that, to the best of his knowledge, "not one of them were cit- 
izens of Missouri." This deposition the undersigned here refers to, 
without spreading it out at large, and makes it a part of his report 
as fully and completely as if it were given in full in this place. 

Again. The statement about the " young man being seized in the 
■ town of Atchison, and, under circumstances of gross barbarity, tarred 
([. and cottoned, and in that condition sent to his family," is entirely 
_^ unsustained l3y any proof in the mass of that taken by the committee. 
It is true, testimony was taken as to alleged facts of this character ; 
but when it was projjosed to go fully into the investigation of the 
whole truth of such charges, and not to rest them on ex parte state- 
ments alone, the majority of the committee abandoned the investiga- 
tion, and struck out the testimony which they had taken. But the 
undersigned has not time to go on with sucli specifications. He will 
here barely add, that all like statements in the report, as to the exist- 
ing condition of the Territory, are wholly gratuitous and unsupported 
by any testimony taken by the committee. For the correctness of 
what he now affirms, the undersigned appeals to the testimony on file ; 
and to counteract the impression of such statements by the majority 
of the committee, he begs leave to refer to the sworn depositions here- 
unto appended and made part of his report, as fully as if the same 
were set forth at large. 

The undersigned affirms, most positively and distinctly, that the 
testimony taken by the committee contains no matter going to dis- 
prove or deny in the slightest degree these great, leading, and con- 
ti'olling facts in the merits of the controversy which gave rise to i\\e 
organization of this committee, to wit : that an election for a Terri- 
torial legislatuKe was held in Kansas Territory on the 30th of March, 
1855, in pursuance of the proclamation of A. H. Reeder, governor of 
the Territory under the organic law ; that, in that proclamation, the 
time and places of voting were set forth ; that the judges of election 



70 KANSAS AFFAIRS. 

were appointed by him, with instructions as to how their phaces were 
to be filled if they or any of them refused or failed to act ; that he 
reserved the power to himself to judge, in the first instance, of the 
election returns, and that he did so act; that the returns were made 
to him, and he did set aside the election of but nine members of the 
twenty-six elected to the house of representatives, and three of the 
thirteen elected to the council, and gave his certificate of election to 
the other seventeen members of the house, and ten members of the 
council, being a majority of both branches of the legislature ; that he 
ordered new elections in thosp. districts where he had set aside the re- 
turns ; that the governor convened the legislature, thus constituted, ac- 
cording to law, on the 1st of July, 1855, and communicated with them 
officially after they were organized, and recognised them as a legally 
and properly constituted la^-^making body ; and never, until August, 
1855, after he was removed from the office of governor, did he object 
to the election of a majority of the legislature, both in the council 
and in the house of representatives, to whom he had previously given 
certificates. 

Tliese great leading and essential facts, upon which the validity or 
invalidity of laws, or ^^ pretended laivs," of Kansas must rest, are not 
denied, or even assailed, by a particle of testimony taken by the com- 
mittee ; and, with these facts unassailed and unimpeached, it is be- 
yond the comprehension of the undersigned how the majority could 
come to the conclusion that the laws passed by the Territorial legisla- 
ture were null and void in consequence of any illegality, even if such 
had been proved, in the election of its members. All questions re- 
lating to that election were closed by their waiver at the proper time, 
and without an investigation by the proper authority. This is a well- 
fixed principle in all our representative institutions ; upon it they all 
rest, and with the correctness of it Governor Reeder himself seems to 
be duly impressed. This the testimony clearly discloses. In a letter 
found in the streets of Lawrence, and proven before the committee to 
be in the hand-writing of Governor Reeder, and bearing his genuine 
signature, dated in this city on the 12th of February^ 1856, and ad- 
dressed to a friend of his in Kansas Territory, he says : 

"As to putting a set of laws in operation in opposition to the Terri- 
torial government, my opinion is confirmed instead of being shaken ; 
my predictions have all been verified so far, and will be in the future. 
fVc unit be, so far as legality is concerned, in the lorong ; and that is no 
trifling matter, in so critical a state of things, andinvieiv of such bloody 
consequences. ***** j j^^^^j gpeak my plain and private 
opinion to our friends in Kansas, for it is my duty. But to the pub- 
lic, as you will sec by my published letter, I show no divided front." 
This letter, and another also found, Avere addressed, as it is understood, 
to Grosvenor P. Lowrey, his friend, and formerly his private secrctar}', 
while he was governor of Kansas ; and so important a bearing had they 
upon the main facts of the case, which are the legality of the Territorial 
legislature and their enactments, that the majority of the committee, 
after they had admitted them as evidence, as it was clearly understood 
by all parties, attempted to reject them. The following is their 
action in regard to them : 



KANSAS AFFAIRS. 71 

" The counsel for J. W. Whitfield, havini^ at Leavenworth city 
offered in evidence before the committee two letters written by A. H. 
Reeder — the one dated Washington, January 20, 1856, the other dated 
Washington, February 12, 1856 — and, before offering the said letters, 
their authenticity, both as to the signature and hand-writing in the 
body of said letters, was proved to be the proper hand-writing and 
signature of A. H. Reeder, and of which facts the committee were 
satisfied ; but a majority of the committee — Messrs. Howard and Sher- 
man — not being satisfied, at the time, of the propriety of the admission 
of such evidence, took the matter under consideration ; and now, at 
this day, at the sitting of the committee at Westj)ort, the question of 
the admission of said letters as evidence came up for consideration and 
decision, and a majority of the committee, Messrs. Howard and 
Sherman — Mr. Oliver dissenting — decline to receive said letters in 
evidence, and to be engrafted into and to constitute a portion of the 
evidence taken by the committee in their investigations, upon the 
ground that they, the committee, have not the rightful possession of 
tliem ; they having been found in the street, and being clearly private 
letters, or so declared to be by the majority of the committee. The 
•aid majority of the committee take no objection to the relevancy or 
oompetency of said letters as evidence ; but place their objection solely 
upon the grounds above stated, not denying that said letters might be 
evidence against said A. H. Reeder in a criminal prosecution. The 
committee admit that the copies of said letters, furnished to the com- 
mittee for the purpose of having them transcribed into the evidence, 
are true and genuine copies of the originals oftered in evidencn, and 
which said copies are hereto appended, marked (A) and (B), and made 
part of this protest. 

"The counsel for J. W. Whitfield, and on behalf of the law and 
order party in Kansas Territory, offer said letters in evidence for the 
double purpose of showing the opinions and admissions of A. H. 
Reeder, in reference to the matters and subjects connected with the 
elections of the 30th of March, 1855, in the Territory, and the con- 
test now pending between Whitfield and Reeder in the House of Rep- 
resentatives, as well as to show the complicity of A. H. Reeder in all 
tlie troubles which have led to bloodshed and civil war in the Terri- 
tory. 

"To the refusal of the majority of said committee to receive said 
tleters in evidence Mr. Oliver enters his protest ; and also the said 
John W. Whitfield, by his attorneys, protests against the action of a 
majority of the committee in refusing the admission of said letters in 
evidence, as depriving him of his just rights in the investigation 
before the committee, and in showing to the country the true ground 
and source of all the difficulties in Kansas Territorv. 

"J. W. WHITFIELD. 

Bij his Attorneys, 
" AUSTIN A. KING, 
" JOHN SCOTT. 

" Westport, Mo., June 7, 1856. 

" The above protest was this day presented^ and the accompanying 



72 KANSAS AFFAIRS. 

copies of letters, marked by me ' Exhibit A, accompanying protest,' 
and 'Exhibit B, with protest.' 

^'WM. A. HOWARD, 
" Chairman K. G. 
" Westport, June 7, 1856." 

But the undersigned insists that they were not only competent, hut 
pertinent to the main issue which the committee were sent out to in- 
vestigate. He therefore incorporates copies of them in this report ; 
he appends them to it, and makes them part of the same as fully as 
if here entered at large. 

These remarks, touching the general character of the majority's 
report, and what has not been proved, are preliminary to such com- 
ments as the undersigned intends to submit on the matters which 
were elicited by the investigation. And another fact on the same 
line of preliminary observations, deserving, in his opinion, to be no- 
ticed, is, that witnesses were examined by the committee in but three 
places in the Territory, to wit : Lawrence, Tecumseh, and Leaven- 
worth city ; except that the testimony of Daniel Woodson, secretary 
of the Territory, was taken informally at Lecompton, in regard to the 
loss of poll-books in certain districts, and also a certain letter said to 
have been written by him. All the places in which witnesses were 
examined touching the election of the 3Uth of March, 1855, were in 
districts where the elections had been set aside by Governor Reeder 
himself, as before stated. All the testimony they took touching tlie 
elections at other places, was given by witnesses sent for and exam- 
ined out of the vicinage ; and much the larger portion of the testimony 
taken at the instance of the contestant was taken at Lawrence, the 
great rendezvous of the malcontents in the Territory. The object of 
the testimony of the witnesses produced by Governor Reeder, was to 
show that the election of the legislature on the 30th of March was 
carried by illegal votes from Missouri, notwithstanding he had offi- 
cially adjudicated that question as governor of the Territory. 

And before proceeding to notice in detail the testimony, such as it 
is, adduced for that purpose, it may be proper here to advert to some 
strange inconsistencies in the report of the majority, and which are 
apparent upon its face. They say, for instance, "this unlawful in- 
terference has been continued in every important event in the history 
of the Territory. Every election has been controlled, not by the actual 
settlers, but by citizens of Missouri ; and, as a consequence, every 
officer in the Territory, from constables to legislators, except those 
appointed by the President_, owe their positions to non-resident voters. 
None have been elected by the settlers, and your committee have been 
unable to find that any political power whatever, however unimport- 
ant, has been exercised by the people of the Territory." 

This is certainly very broad and sweeping language ; and who, after 
having lieard it read, was not surprised to hear the same gentlemen 
admit, in an after part of their report, in speaking of the first elec- 
tion for a delegate to Congress, November 29, 1854, and after giving 
all the fa^ts in relation to that election, that General Whitfield was 
duly elected a delegate to Congress? They say, '•' of the legal votes 



KANSAS AFFAIRS. 73 

cast, General Whifjield received a 2:)lnralihj ,' ' and was consequently duly 
elected. And if be was duly elected by legcd voles, as tbey were forced 
to admit from tbe evidence, tben tbe result could not bave been af- 
fected by non-resident voters. 

The undersigned does not deem it necessary for him to say more 
upon the subject of that election, which was the first object of their 
inquiry. 

The majority admit that General Whitfield was duly elected by the 
actual settlers of the Territory, and those who were entitled to vote. 
This admission is a sufficient answer to their previous statement, that 
no person had been elected by the settlers, and that they had been 
unable to find that any political power whatever, however unimport- 
ant, had been exercised by the people of the Territory. Like incon- 
sistencies appear in their statements concerning the election of mem- 
bers of the legislature on the 30th of March, 185'5. 

They say in the first place, in relation to this election, that compa- 
nies of nif^n from Missouri ""were arranged in regular parties, and 
sent into every council district in the Territory, and into every repre- 
sentative district hui one. The numbers were so distributed as to con- 
trol the elections in each district." 

And then, under the head of " tenth district," they say, " this and 
the ' eighth election district ' formed one representative district, and 
wa,s th-e ojdy one in which the invasion from Missouri did not extend." 
But und-er the head of " twelfth district," they say, " the election in 
this district was conducted fairly ; no complaint was made that illegal 
votes were cast." 

And again, under the head of "seventeenth district," they say, 
*' the election in this district seems to have been fairly conducted, and 
not contested at all. In this district the pro-slavery party had a ma- 
jority." 

These contradictory statements, to the undersigned, seem wholly 
inexplicable, and he leaves them for the majority to reconcile or ex- 
plain as best they may. But the undersigned affirms, that the weight 
of testimony shows that the majority of the legal voters in fourteen 
out of the eighteen election districts in the Territory were in favor of 
tbe party electing a majority of the legislature, as returned and cer- 
tified to by the governor. And the testimony as to the other districts, 
while it is contradictory on some points, is far from being conclusive 
that a like majority did not exist in them. This, moreover, appears 
from the report of the majority itself, without referring to the testi- 
mony. 

The Territory was divided into ten council election districts and 
fourteen representative districts. Tlie first council district embraced 
the city of Lawrence — the stronghold of the abolition or free-State 
party, as it is called. In this council district, the whole entire vote 
cast for the free-Stato ticket was but 255. The whole number of 
legal vot-ers in that district, by the census in February before, was 
446. These figures are taken from the tabular exhibit given by the 
majority themselves. And it is also in proof by Mr. Ladd, one of 
Gov. Eeeder's main witnesses, that at least fifty illegal votes were 



74 



KANSAS AFFAIRS. 



given for the free-State ticket in Lawrence by eastern emigrants just 
arrived, and not entitled to vote. 

These figures and this fact show that the free-State ticket did not 
receive a majority of the legal voters in this district; for if fifty be 
taken from the 255 cast for their ticket, it would leave only 205, being 
61 short of a majority of the 466 legal voters in the district. That 
Missourians may have voted there illegally, does not, and cannot, vary 
this result. But the election at Lawrence was set aside by Gov. Reader 
for informality in the return. 

The undersigned has comj)iled tables, comparing the votes cast for 
the free-State ticket in the several council districts and representative 
districts in the Territory. This is taken from the tables exhibited by 
the majority. It is part of their own showing. In it will be seen 
the number of votes cast in each district for the free-State tickets, 
compared with the number of voters at tlie time the census was taken 
in each respectively; and from this it will appear that the free-State 
votes fell far short of being sufficient to elect a majority in either 
branch of the legislature, even if there had been no increase of voters, 
by hona fide settlers, between the time the census was taken and the 
election. 

But the concurrent testimony of a number of witnesses establishes 
the tact conclusively, in the opinion of the undersigned, that the emi- 
gration of hona fide settlers from the southern States was greater in 
the month of March, after the census was taken, than in any equal 
time previous. 

Here are the tables : 



REPKESENTATIVE DISTRICTS. 




COUNCIL 


DISTEICTS. 






>-3 






3 ■ 

8."S 








&.2 






Is 


a; 

3 tc" 


i'i 


O A 




> a 




c > 


C.2 


c g 






C " 


o i 


C -M 




o " 


O Oi 


^ 


PS 


6 




C 


6 


6 




6 


52;^ 


!z; 


^ 


Iz; 


^ 


'A 


^ 


;zi 


1 


97 


19 


1 


1 


466 


255 


2 


2 


369 


253 


3 


2 


212 


12 




3 


212 


12 


2 


3 


193 


44 




4 


101 


4 


1 


4 


442 


156 




6 


92 49 


1 


5 


253 






6 


253 


35 


2 


6 


201 


140 




7 


242 
99 


152 
120 


4 

1 


7 
8 


247 
215 






S 


60 




9 


102 
S3 


26 


1 
1 
2 


9 
10 


208 
468 






10 


&(i 


2 


11 


47 


54 




12 


215 
203 
335 




2 
2 
3 










13 






14 


59 





This shows that the aggregate of the votes cast in the Territory for 
the free-State ticket fell short of 800, while the census shows that there 



KANSAS AFFAIRS 76 

were 2,905 legal voters in tlie Territory in the February previous. 
The free-State ticket, therefore, did not receive one-third of the legal 
voters of the Territory, even if all be excluded from ^iie account who 
emigrated to the Territory after the census was taken. 

Tliis fact was apparent to tlie majority of the connnittoe. But they 
attempted to break its tbrce in two ways : First, by comparing the 
names on the poll-books with those on the census returns, from which 
comparison they argue tliat only a fraction over 1,300 of the legal 
voters upon the census returns voted at that election. And secondly, 
by arguing that the abolitionists were prevented from voting by vio- 
lence, tlireats, and intimidation. 

On the first jioint, the undersigned deems it unnecessary to say 
more than that no comparison between the poll-books and tlie census 
returns was made except by districts. Between the time of taking the 
census and the election, settlers had changed their residence from one 
part of the Territory to another, and doubtless voted in a place differ- 
ent from that in which they were registered when the census was taken. 
The committee did not compare the names on the poll-books with the 
names on the census returns throughout the Territory, and the com- 
parison alluded to by the majority, therefore, by no means proves what 
they claim for it. 

On the second point the undersigned will barely state that there is 
no evidence that any violence was resorted to, or force employed, by 
whicli men were prevented from voting at a single election precinct in 
the Territory, or that there was any greater disturbance at any elec- 
tion precinct than frequently occurs in all our State elections in ex- 
citing times. A number of witnesses on both sides swear that men on 
both sides had arms, guns, pistols, bowie-knives, &c., and made 
threats, &c. But no one of them swears that any one was prevented 
from voting by the use of these weapons in a single instance, to the 
best of the undersigned's recollection. The testimony from beginning 
to end does not disclose the fact of a single assault and battery at or 
about the ])olls, or on account of the side on which any one wished to 
vote or had voted, in the Avhole Territory, on the day of election. 
Some quarrels and fights occurred at two or three places, but not about 
voting, and not as many in the whole Territory as the undersigned is 
informed occurred at one precinct in this city at the late municipal 
election. 

The undersigned will now take up and proceed with the districts in 
their order. He now refers to the election districts. Tliere were 
eighteen of these. 

First Election District. 

The testimony in this district shows that a great many strangers 
were present, some with wagons and tents ; that considerable excite- 
ment prevailed. But there is no positive evidence of but a very few 
persons, known at that time to be citizens of Missouri, being present. 
All else is hearsay, vague and imcertain. While this is so, Mr. Sal- 
ster, in his deposition hereunto appended and made part of this report, 
testifies as follows : 



7'6 KANSAS AFFAIRS. 

"I emigrated into the Territory of Kansas in June, 1854, and set- 
tled in the neighborhood of LawrencCj and have resided there ever 
since." 

" My acquaintance was reasonably extensive in that district. I 
knew about 400 voters who resided in the district, but I did not know 
near all of the resident voters of that district. So far as I know, all 
the resident voters of that district were present and voted." 

''At the time of the election of the 30tli March, 1855, there was a 
majority of pro-slavery residents in the Lawrence district. I v/as vrell 
acquainted in the district. There were about 200 free-State resident 
voters in that district, and there were from 300 to 400 pro-slavery 
voters at the polls that day, whom I knew to be residents of that dis- 
trict, and a great many of them voted in my presence, and the others 
told me they had voted." 

Besides this, the testimony of other witnesses shows that a large im- 
migration of Z>on.a /^<;?e settlers from Missouri came into the district 
after the census Avas taken, and before the election. (1) The parties, 
says one witness^ were pretty nearly divided — perhaps more of the 
free-State than pro-slavery party ; but the free-State party were di- 
vided, and many voted for the pro-slavery candidates. (2) There was 
no intimidation or force used to prevent any of the free-State party 
from voting, and all could have voted who wished to vote. (3) In the 
afternoon some one hundred men, who had come in with Dr. Charles 
Robinson from the east, marched over to the polls and voted the free- 
State ticket. (4) They were said to have come into the Territory that 
very day. (5) 

From this testimony, it is diiBcult for the undersigned to see how 
the majority of the committee could come to the conclusion to which 
they arrived, that even in the Lawrence district there was a majority 
of the legal voters for the free-State ticket. 

Second District. 

In regard to this district, the testimony is conflicting and contra- 
dictory ; but the weight of the evidence, in the opinion of the under- 
signed, shows that there were many settlers came into this district 
after the census was taken, and before the March election. On the 
morning of election the free-State judges took arms with them into 
the judges' room. The free-State men, under the lead of Judge 
Wakefield, took possession of the polls, and required all the pro- 
slavery men to be sworn without discrimination, and did not swear any 
free-State men. The pro-slavery residents objected to this, and de- 
clared that both parties ought to be sworn alike. After some time 
the free-State judges resigned, and other judges were selected by the 
crowd. No intimidation was used to prevent the free-State men from 
virting, but all were asked to come up and vote. The pro-slavery 

(1.) Horatio Owens, James Wliitlock, A. B. Wade. 
(3.) James Whitloek. A. E. Wade. 
(3.) Horatio Oweus, J. Whitloek, A. B. Wade. 
(•t.( J. Whitloek, A. B. Wade, J. M. Banks. 
(5.) James Whitloek, John M. Banks. 



KANSAS AFFAIRS. 77 

ticket liad a majority in the district, as the free-State party were not 
united on their ticket. (B) In addition to the general testimony re- 
lating to this district, the undersigned begs to call the attention of 
the Houst3 especially to the testimony of Parris Ellison, one of the 
judges to hold said election, ap})ointcd by Governor Eeeder himself, 
which deposition, with others in relation to the election in that dis- 
trict, is hereunto appended and made part of this report. Mr. Elli- 
son, in his deposition, among other things, says : 

"The undersigned, Parris Ellison, states on oath: That I em- 
igrated from Missouri to Kansas, and settled at Douglas, the 
second district, in October, 1854, and have resided there ever since. 
I was present at the election held at Mr. Burson's, in the second dis- 
trict, on the 30th March, 1855. I was appointed by Governor Keeder 
as one of the judges, and Mr. Burson and Mr. Ramsay, I think, were 
the other two. We met at Mr. Burson',s house in the morning be- 
fore the hour to open the polls. Mr. Burson was a magistrate, ap- 
pointed by Governor Eeeder, and he qualified me and qualified 
Ramsay. Ramsay qualified Burson. We appointed the clerks, and 
qualified them. George W. Taylor was one of the clerks. My son 
Parris was very sick at the time, and I wanted to resign. I proposed 
to resign if the other judges would permit me to name a man to serve 
in my place. Judge Wakefield, one of the candidates on the free- 
fState ticket, was in the room, and interfered, telling the judges that 
they had power to name the man. They refused to let me appoint a 
man in my jdace, and I determined to serve, and did serve. I re- 
marked to the other judges that we were sworn to act impartially 
during the whole day. They said. Yes ; we are sworn to act impar- 
tially. We agreed that, inasmuch as they knew a great many voters 
that I did not know, and I knew a great many that they did not 
know, that those whom I knew should vote without swearing, and 
those whom they knew I would not require of them to be sworn. Under 
this agreement we commenced the election. After some twenty-nine 
or thirty votes were taken, the pro-slavery party had some two to 
one against the free-State party. The other two judges began to grum- 
Ijle. Dr. Brooks came up to vote. I knew Dr. Brooks had a claim 
in that district, and had been on it, and had put a house on it. 

" Dr. Brooks was a single man, and afterwards brought his mother 
there, and has resided there ever since. At the time of the election Dr. 
Brooks claimed to be a citizen of the district. I knew him to be a 
resident, and under our agreement I wanted to take his vote without 
swearing, but the other two judges refused to take his vote unless he 
would swear ; this he refused to do, because he said that he had 
understood that, under the agreement, if Mr. Ellison took his vote 
without requiring him to swear, that was all that was necessary. 
The other two judges still refused to take his vote. The doctor 
stood at the window a long time, and said, that unless they would let 
him vote, as he was a citizen of the district, and had been lor some 
time previous, no other man should vote there that day. I told them 
that if they refused his vote it would create a fuss and confusion, and 

(6.) George W. Ward. 



78 KANSAS AFFAiaS. 

tliat it would be violating the agreement made before the election be- 
gan ; but still refused, Sherman Woffal then came up to vote ; but 
they refused to take his vote without swearing. Sherman said that 
he could prove by me that he was a citizen of tlie district, and had 
been a citizen of the district from the iall before. I knew that Mr. 
Woffal was a resident of the district^ for he was living there when I 
went to the district to live. I bought hay of Mr. "Woffal before the 
election, which he had made and cured the summer before. They 
still refused to let him vote, unless he would swear. He refused to 
swear because they, the judges, would not let him prove his residence. 
He said he would not swear. I had not, up to this time, objected to 
any of the persons that came up to vote which the other two judges 
said they knew. I had kept the agreement made between us to the 
■word and letter. On account of this conduct on the part of the other 
two judges, a fuss and confusion arose in the crowd outside of the house. 
While the fuss was going on, I proposed to adjourn, as I told them I 
thought it would be over in half an hour or so. Mr. Burson, there- 
upon, adjourned for half an hour. He proclaimed the adjournment 
aloud. I told each one of the judges to pick up a poll-book. I took 
the ballot-box, which one of the judges tried to take from me. I 
think it was Eamsay, but am not certain. Sharp words passed be- 
tween us, but I kept the ballot-box, and they took the poll-books and 
went off. , A man by the name of Jones asked me where the poll- 
books were? I told him that Burson and Eamsay had taken them 
off. He Ibllowed them, and brought the poll-books back. I waited 
until the half hour had expired, and the other two judges did not 
come back. I Avaited ten minutes longer. I called them ; but they 
did not come. I called them again, and they did not appear. I told 
the people that I would wait live or ten minutes longer, and if the 
other two judges did not come they would have a riglit to select two 
men to act in their places. I waited ten minutes and they did not 
come, and the people elected two men to act in their places, namely, 
Sherman Woffal and Frank Labay. They were qualified. I asked 
Mr. Taylor to repeat the oath to them, which he did ; but, by mis- 
take, Mr. Taylor signed the oath instead of myself. Mr. Taylor had 
been sworn in as a clerk by Mr. Burson and Mr. Ramsay. Messre. 
Woffal and Labay and I then opened the polls, and the election 
went off quietly during the remainder of the day. We kept the 
polls open until 6 o'clock in the evening. Andrew McDonald was 
the pro-slavery candidate lor council, and Judge Wakefield was the 
free-State candidate for council. 0. H. Brown and Mr. Ward were 
the pro-slavery candidates for the house of rejjresentatives, and Jesse 
was one of the free-State candidates for the house, and the other 
I do not remember. All the votes received after we began the 
second time were for the pro-slavery candidates. The ballot-box 
which I took possession of at the time of the adjournment I care- 
fully preserved, and did not open it until 6 o'clock in the evening. 
It was then opened in ])resence of the other two judges, who had 
been selected by the people, and the clerks. The ballots were count- 
ed, and there were twenty-one votes for the pro-slavery ticket^ and 



KANSAS AFFAIRS. 79 

twelve votes for the free-State ticket. When we commenced the 
election the second time, we got anotlier hallot-box. 

"When I got there in the morning, there were some thirty or forty- 
men present about the house, and wlien I went into the liouse I saw 
some fifteen or twenty guns standing in one corner of the house, 
which had been brought there by the free-State men. When the 
adjournment took place, the guns were taken away by the free-State 
men. These guns were all the guns that I saw on the ground. I 
did not see a gun in the hands of a pro-slavery man tliat day. There 
was no charge made with either guns or pistols or otlier wca{)ons at 
the window, nor were there au}^ threats of violence made by tlie pro- 
slavery men. There was no violence committed by the pro-slavery 
men there that day to the judges, nor were there any threats of 
violence offered, as I saw. I did not see Mr. Samuel Jones pull out 
his watch and say to the judges, Ramsay and Burson, that he would 
give them five minutes to resign, nor did I hear him afterwards say 
t<) them that he would give them one minute to resign. If this had 
occurred, I should have seen and heard it, for I was in the house all 
the time, and was at tlie door when these two judges came out. I 
did not see Samuel Jones in the house at any time while Ramsay and 
Burson were there. In my neighborhood I was well acquainted Avith 
the settlers there, and at the time of the election and before. The 
residents were almost all pro-slavery. From what I knew myself, 
and the information received from the census taker and others, I am 
satisfied that the pro-slavery jmrty had a decided majority in the 
second district." 

This is the district in which it is represented that sheriff Jones 
figured so conspicuously. The testimony of Mr. Ellison clearly dis- 
proves all such allegations. Other depositions, herewith filed and 
made part of this report, fully confirm the testimony of Mr. Ellison. 

Third District. 

The testimony in relation to this district is, that the pro-slavery 
■party had a majority among the actual settlers of the district. (7) 

FodRTfl District. 

The testimony in relation to this district shows that the })ro-slavery 
party had a majority among the actual settlers. (8) 

Fifth District. 

In this district the testimony goes to show that there was a major- 
ity for the free-State party. 

Sixth District. 
The testimony goes to show that the pro-slavery party had a major- 

(7.) Geo. Holmes. 

CS) A. S. Johnson, T. Mockbee. 

6 



80 KANSAS AFFAIRS. 

iry of the actual settlers in this district, and also that most of the free- 
State men voted for the pro-slavery candidates. (9) 

Seventh Distrct. 

The testimony shows that the pro-slavery party had a majority 
aia-.Mi., the actual settlers in this district. (10) 

Eighth District. 

As to this district, no testimony was taken on either side, so far 
as the undersit^-ned now remembers. 

Ninth District. 

The testimony shows that in this district the pro-slavery party 
were in the majority among the actual settlers. (11) 

Tenth District. 

The testimony shows that the election was conducted fairly in this 
district, and the result would not have been changed by the rejection 
of all I lie illegal votes on both sides. 

Eleventh District. 

In this district there is no evidence to impeach the correctness of tlie 
election returns as made to and sanctioned by the governor. 

Twelfth District. 

There is no evidence to impeach the correctness of the returns of 
election for this district. 

Thirteenth District. 

The evidence shows that there was a pro-slavery majority of the 
actual residents in this district, and that there was no force or intimi- 
dation used to prevent free-State men from voting. (12) 

Fourteenth District. 

The evidence shows that the pro-slavery party was largely in the 
majority among t]\e actual residents in this district ; that the election 
was peaceable and quiet, and that no intimidation was used to pre- 
yent any one from voting. (13) 

- _ 

(9) Win. Barbee, Joseph C. Anderson, S. A. Williams, T. B. Amett. 

(10) e. A. Linkenauger, Andrew Johnson. 

(11) C. R. Mobley, Thomas Reynolds. 

(12) Wm. Tehbs, 0. H. Tebbs, and others. 

(13) W. P. Richardson, Willard P. Hall, J. H. Whitehead, J, P. Blair, and othe^ 



kansas affairs 81 

Fifteenth District. 

The eviJeiice in reg'ard to this district shows that the pro-shaver 
party were hxrgely in the majority among the actual residents — prob- 
ably ten to one — and that there was no force or intimidation used to 
jirevent any man from voting. (14) 

Sixteenth District. 

The evidence shows that the election in this district was conducted 
peaceably and quietly, and no intimidation or force used to prevent 
any one from voting. There was a decided pro-slavery majority 
among the actual settlers in this district. (15) 

Seventeenth District. 

The evidence shows that in this district the election was conducted 
j>eaceably and quietly, and that the pro-slavery party were in the 
majority among the actual settlers. (IG) 

Eighteenth District. 

The evidence shows that the election was conducted peaceably and 
(fnietly, and that there was a decided pro-slavery majority among the 
actual settlers in this district. (17) 

Upon an examination of the testimony taken before the committee, 
what the undersigned has affirmed in relation to these several districts 
will be found to be sustained by the proof. And from all the testi- 
mony collected, when compared and weighed properly, the under- 
signed feels confident that it will appear to every unprejudiced mind, 
not only that General Whitfield was duly elected, by the actual 
and honoiftde residents, a delegate to Congress at the first election, 
in November, 1854, but that the free-Sta,te party was in the minority 
in the Territory at the March election in 1855, for members of the 
legislature; and that that election was not carried either by force, 
violence, or non-residents, but that a majority of the legislature was 
duly elected as certified to by the governor, and was properly consti- 
tuted as a law-making body ; and, as a consequence, that the laws 
passed by them, as far as they are consistent with the constitution 
of the United States and the organic act of the Territory^ are valid : 
and, as a further consequence, that the sitting delegate, having been 
duly elected a delegate to Congress under a Territorial law thus 
passed, is entitled to a seat on this floor as such. 

And having gone through this branch of the subject, the under- 
signed now beg leave to refer to other matters alluded to by the ma- 
jority of the committee in their report. They speak of a certain secret 
}X)litical society formed in the State of Missouri, known by difierent 

(14) John W. Martin, N. Williams. 

(15) W. G. Matthias, L. J. Eftstin, U. R. Ilees, Amos Ifees, A. T, Pattie, J. H. Day, A 
McAiiIey, and otlicrs. 

(16) Cvprian Chouteau, Rev. T. Johnson. 
(U) R'. L. Kirk, J. W. Forem:ui. 

H. Eep. 200 6 



82 KANSAS AFFAIRS. 

names, such as "Social Band," "Friends' Society," "Blue Lodge," 
"Sons of the South" — the olDJect of which was to send emigrants into 
Kansas for the purpose of making it a slave State. 

In reply to this part of their report it is only necessary to state 
that the evidence shows that these organizations were formed for the 
purpose of counteracting similar and other organizations, first started 
at the east and elsewhere, for the purpose of colonizing the Territory 
with persons for the avowed object of making Kansas a free State, 
and in this way ultimately affecting injuriously the institutions of 
Missouri. 

The first society of this kind was formed in the city of Washington, 
immediately after the passage of the Kansas-Nebraska bill. It was 
composed of members of Congress of both branches, and others. 

The undersigned refers, in this connexion, to the testimony of the 
Hon. Daniel Mace, a member from Indiana, which is appended to 
this report and made part thereof. In his deposition he states that 
such an association was formed in Washington immediately after the 
passage of the Kansas-Nebraska act. It was called the Kansas Aid 
Society, the members of which subscribed various sums of money, he 
himself subscribing $50 or $100, he is not certain which amount. The 
object of the movement was to induce persons to go to Kansas who 
would make that their home, and who would at all elections vote 
against the institution of slavery. Mr. Goodrich, a member of tlie 
House of Representatives from Massachusetts, was the president of the 
society. 

Soon after this society was formed, other societies were formed in 
the eastern States for the same object ; that is, for the purpose of send- 
ing persons to Kansas to control the elections there. A society of this 
kind formed in Boston, Massachusetts, commenced sending emigrants 
to Kansas for this avowed object. To show the object of this last- 
named Emigrant Aid Company, the undersigned begs leave to refer to 
a letter written by Thomas H. Webb, corresponding secretary of the 
company, and which is among the testimony taken by the committee. 
It is as follows : 

Boston, August 14, 1854. 

Dear Sir : By the pamphlet mailed you, mucli of the informatioL 
which you desire can be obtained. 

The next party will leave here on the 29th inst., at quarter past 
2 p. m. ; they will go via Buffalo, Detroit, Chicago, Alton, and St. 
Louis, and will disembark at Kansas City, near the mouth of Kansas 
river. The fare through will be about |25 for first-class accommoda- 
tions; meals extra, which need not cost, on an average, more than 
twenty cents. Each person is allowed 100 pounds of baggage, and for 
all excess will be liable to pay about |3 per 100. Cliildren under 
thi^ee years will be taken free ; between three and twelve, pay half- 
price. No pledges are required from those who go ; but as our prin- 
ciples are known, we trust those who differ from us will be honest 
enough to take some other route. 



KANSAS AFFAIRS. 83 

The agent who located our pioneer party will accomi»any the next 
one, and furnish all requisite information. 
Yours, respectfully, 

THOMAS H. WEBB, 

Sec. Em. Jul ^"-^ 
A. Jennings, Provincetown, Mass. 

The undersigned also refers to a pamphlet admitted in evidence he- 
fore the committee, from which he suhmits the following extracts : 

" The ProNEEii Party. — Charles li. Branscomb, esq. , one of the com- 
pany's agents, went up with the pioneer party, and located them on a 
beautiful tract of land previously selected by him as an advantageous 
position ior a town-site. This spot is situated six miles above the 
Wakarusa, a tributary of the Kansas river, and about thirty-five miles 
above the mouth of the latter stream, on its south side. For a brief 
description, the reader is referred to the paragraph commencing on 
page eleven, and continued on page twelve, of this pamphlet. 

" Mr. B. travelled in various sections of the Territory'-, and says it is 
impossible for one who has not been in that region to conceive of its 
beauty and fertility ; he confirms all the statements that have been 
made respecting it in our pamphlet. 

"The second party left this city on Tuesday, the 29th of August. 
They reached Kansas City SeptemlDer 6th, and entered the Territory 
under the guidance of Charles Robinson and S. L. Pomeroy, agents of 
the company. They were cordially received by the pioneer party, 
and have made a joint settlement at the beautiful site selected by Mr. 
Branscomb. 

" The third party, under the guidance of Mr. Branscomb, (who has 
returned twice from Kansas since July,) left Boston September 26th. 
It numbered eighty-six persons, to which accessions were made at 
Worcester, Rochester, and elsewhere westward. Messrs. Pomeroy 
and Robinson are making great exertions to accommodate the parties 
for the winter, and to provide the materials for the erection of houses 
in the spring. This pressure of business involves a large expenditure, 
which their experience will enable them to make with prudence and 
discretion. But their drafts cannot be met with the funds in the 
hands of the trustees, unless 'material aid' furnished by those who 
wish for success to the enterprise shall be very much greater than it 
has been thus far. 

" The fourth party left this city the 17th of October. It numbered 
123 individuals, to which sixty were added at Worcester, a number at 
Springfield, Albany, Rochester, and Buffalo. At Chicago a large ac- 
cession was anticipated, and ere leaving St. Louis the number will 
exceed 250." 

This was all in the summer and fall of 1854, and prior to the first 
election for a delegate to Congress, in November of that year. 
Whatever organizations, therefore, were formed in Missouri, of the 
cliaracter alluded to by the majority of the committee, were formed 
solely and expressly for the purjiose of counteracting those organiza- 
tions previously formed elsewhere. This the testimony abundantly 
proves. 



84 KANSAS AFFAIRS. 

The testimony also sliows that emigrants going out under those 
and similar orgaaizations were supplied with arms and munitions of 
war. Great numbers of Sharpe's rifles and several pieces of artillery 
were sent to the Territory. And if arms were taken by emigrants 
from Missouri, it was only for the purpose of defence against arms 
in the hands of emigrants from other quarters. 

The testimony shows that large numbers of persons sent out by 
these eastern societies went into the Territory during the month of 
March, just before the election, declaring it to be their intention to 
vote ; that they came there for that purpose ; and in a few days after 
the election, great numbers of these persons were seen returning to 
the north and east, saying, many of them, that they had voted.* The 
testimony also shows that a large number of Missourians went over 
to the Territory on the day of election, merely to prevent illegal 
voting on the part of these eastern emigrants, and few of these 
Missourians^ and only a few, are proven to have voted, and their 
nam«s given, by the testimony ; not as many in all as those of the 
eastern emigrants, who it is proven voted illegally at Lawrence. 

The majority of your committee in their report say, that the only 
Cxiuse of the hostilities in the Territory was the known desire of tlije 
citizens of Lawrence to make Kansas a free State, and their repug- 
nance to laws imposed upon them by non-residents. 

The undersigned, however, is unable to concur with them in that 
allegation. On the contrary, he affirms, what he believes to be the 
truth of the matter, that the cause of all the difficulties in the Terri- 
tory of Kansas, from its organization down to the present time, is to 
to be found, first, as before stated, in the various organizations of 
members of Congress, and in the northern and eastern States, with 
the avowed purpose of colonizing the Territory with persons of anti- 
slavery sentiments, to the end of making Kansas a free State ; 
secondly, that finding themselves defeated and thwarted in their pur- 
pose of electing a legislature in favor of making Kansas a free State, 
as shown in a former part of this report, being chagrined and morti- 
fied, they, the anti-slavery party in the Territory of Kansas, in a fit 
of desperation, determined to set themselves up in opposition to, and 
in resistance of, the laws passed by the Kansas legislature, and to 
resist them to a "bloody issue," if necessary to their defeat and utter 
subversion. Indeed, the undersigned affirms, that even before the 
legislature convened, there were propositions made to form an organi- 
zation of a military character, to resist any and all laws which might 
be enacted by that legislature, by force of arms, even should such 
resistance result in the subversion of the government of the Terri- 
tory, and to the peril of the Union itself. 

In jjroof of this allegation, the undersigned begs leave to refer to 
the testimony of Dr. J. N. 0. P. Wood, which is as follows : 

" I came into the Territory first about the 1st of April, 1854 ; I 
located permanently in Lawrence about the 7th of October, 1854 ; I 
resided there until some time the last of March, or the 1st of April 
last, and then I went to Lecompton. About the time I came there, 

«F. M. Mahan, H. M. Blossom, and others. 



KANSAS AFFAIRS. 85 

there was considerable difficulty between what was called the Law- 
rence Association, of which Dr. Kobinson Avas j)resident, and the set- 
tlers that were not members of this association. The members of the 
association held a meetins^two or three evenings after I got there, and 
elected a judge, and a Mr. Grover marshal, and organized a compa- 
ny, which I think they called the ' shot-gun battalion,' for the pur- 
pose of preventing persons that did not belong to their association 
from settling about the place, and taking timber and stone from the 
claims of those who did live there. They said there was no law in 
the Territory ; that the organic act was unconstitutional — made so by 
the repeal of the Missouri compromise ; and that they intended to form 
an association, and make and enforce their own laws^, irrespective of 
the laws of Congress, until there could be a change in Congress, by 
which the Missouri compromise could be restored, and the organic act 
set aside. 

" There was no open opposition to the execution of the laws until 
Governor Reeder appointed justices of the peace^ and one or two mem- 
bers of this association were arrested. They refused to recognise the 
power ol the justice of the peace, and refused to attend as witnesses. 
and would only attend their own provisional court, as they termed it. 

" When the legislature was about to be elected, they held a meet- 
ing, and brought out their candidates. After the legislature was 
elected, and before they met, there were several meetings held in 
Lawrence, and at those meetings they passed resolutions declaring 
they would submit to no laws passed by that legislature. Tliis Avas what 
was called the Lawrence association, different from the town associa- 
tion. Tt was composed of men sent out under the auspices of the 
Emigrant Aid society, and Dr. Robinson was at the head of the asso- 
ciation. Many belonging to this association lived in' different parts 
of the Territory. They were allowed to vote at the meetings of th« 
association, which I sometimes attended, and those who were not 
enrolled as members of the association were not allowed to vote or 
debate at their meetings. Some of them lived at Ossawatomie, To- 
peka, Manhattan, and other places in the Territory. They resolved 
not to obey the laws that would be passed by the legislature, and only 
obey their own provisional laws until they could form a provisional 
government for the Territory. 

" The first general meeting, while the legislature was in session, 
was held in Lawrence in July or August, 1855. Before that time 
their meetings had been of the association ; but this was the first gcH- 
eral meeting. That was the first meeting at which I recollect hear- 
ing Colonel Lane take ground in opposition to the laws that the legis- 
lature, then in session, should pass. Ail the public speakers that 1 
heard there, said tbey did not intend to obey the laws that sliould be 
])assed. but intended to form a provisional government for themselves. 
After the legislature adjourned, the first meeting at which I heard 
any declarations with regard to the resistance of the laws Avas held 
at Blanton's bridge. Col. Lane, Mr. Emery, and Mr. John Hutchin- 
son addressed the meeting, urging the people to resist the laws, let 
the consequences be wliat tliey might. 

" In private conversation with those men, they always exjjressetl 



.86 KANSAS AFFAIRS. 

their determination to resist the laws, and said the officers and posse 
shoukl not enforce the laws. They said they had a new code of laws 
called Sharpe's Revised Statutes, and they were going to use them in 
preference to any others. It was a common remark, that they would 
use Sharpe's revised statutes in preference to any others. 

" I think the first hox of rifles came there marked Revised Statutes. 
I think after Mr. Dietzler came hack he said he hrought the rifles 
with him. Wlien they were brought to Lawrence they wanted to put 
them in my wareliouse. They were lying at my door, and I inquired 
what they were, and Mr. Salter, who was keeping the warehouse for 
me, said they were emigrant aid guns. I objected to their being put 
in my warehouse, and they were taken and put in Mr. Simpson's 
office. I told them I would not be the first to harbor guns brought 
there for revolution. 

" I often expostulated with Lane, Robinson, and others, both pub- 
licly and privately, as to tlieir course, and addressed the meeting at 
Blanton's bridge in opposition to their course. They said they would 
resist the laws regardless of consequences. 

" The next public meeting I recollect of was the Big Springs con- 
vention. At that convention I had but little conversation, except 
with Governor Reeder and Judge Johnson. Prior to the meeting 
several days. Governor Reeder came up to our place. I heard that 
he was urging the people to resist the laws, and do so by setting a 
diflferent day for the election of delegate to Congress, on which he 
should be voted for. I called on him at his room, and asked him if 
he had recommended that course, and he said that he had intended 
to have returned to Pennsylvania, but upon reflection he had con- 
cluded that if they would take that course at the convention, he 
would be a candidate for Congress, and had returned from Kansas 
City, where he had taken his trunks and baggage. He said he had 
understood since he came there that Lane, Roberts, and others, would 
be candidates before the convention ; but if they would withdraw, 
and the course he had indicated was taken, he would be a candidate 
for Congress. He said it would give him an opportunity to bring 
the matter before Congress, and with the majority they had then in 
Congress against the democratic party he thought he could succeed 
in ousting General Whitfield if elected. 

" A meeting was held in Lawrence, and it was agreed upon that 
a different day should be fixed upon for the election ; and the candi- 
dates who were there — Robinson, Lane, and some others — agreed to 
withdraw in favor of Governor Reeder. This was four or five days 
before the Big Springs convention. 

" I rode up to that convention in company Avitli General Pomeroy, 
who invited me to go up with him. At the convention I had anotlier 
conversation with Governor Reeder. We had always been on the 
most intimate terms, and I talked with him as I Avould with any 
friend. I talked with him, and said that I thought that by taking 
that course, and thereby repudiating the laws, it would bring a state 
of anarchy upon the Territory that he nor I would probably live to 
see the end of. I said it would be opening the door and giving an 
invitation to outlaws outside of the Territorv to come and make that 



KANSAS AFFAIRS. 87 

the field of operations ; tliat it would bring about a state of tilings 
that would be injurious to the country, by preventing capitalists from 
risking their means in *siich a country. 

" He replied that he tliought differently ; that they had determined 
to adopt the platform of the Topeka convention, held before that time, 
recommending the formation of a provisional government. I think 
he took a pencil and draughted a resolution recommending the calling 
of a convention to form a State constitution. He said he would offer 
that resolution ; they could go on and form their State constitution, 
appoint an executive committee to issue a proclamation calling for 
the election of delegates to form a free-State constitution, and they 
would elect their members to the legislature, pass their laws ; and if 
Congress did not admit them, they would pass their oAvn laws, and 
go on independently of Congress, until such time as they could be 
admitted. 

"I remarked, that would bring them immediately in conflict with the 
acts of the Territorial legislature, one or the other of which must 
become supreme ; and I thought it would necessarily bring on a colli- 
sion between the two opposing parties^, and involve the country in an 
armed difficulty. 

" He replied, that they had made up their minds to resist the laws, 
and by forming a free-State constitution they could get the aid and 
sympathy of the No^th to help them enforce their provisional laws ; 
that they were determined to resist the Territorial laws. That was 
about the substance of the conversation. 

" In his speech before the convention, he urged them to resist 
the Territorial laws at all hazards. I have read the speech of Grov. 
Reeder as reported in the proceedings of the Big Springs convention, 
in a j)rinted copy now before me. I cannot say that it contains all 
his speech. He spoke for an hour, or a little over an hour. I under- 
stood him distinctly to say this : that he wanted them, if they had 
any regard for their rights, not to appeal to thfe laws for redress, nor 
answer others if appealed to. He called them 'bogus' laws, meaning 
thereby the Territorial laws. That, I think, is about the substance of 
what he said. 

"I came down home, I helieve, in company with Jiulge Johnson, 
who disapproved of the course adopted. I had conversations Avith 
Governor Reeder afterwards, hut we held our respective positions. 

" A proclamation was issued by what was called the Executive 
Committee, calling an election for State officers and legislature, a con- 
vention to form a State constitution having met and formed a State 
constitution. I talked with Lane and Robinson often about this matter. 
There were free-State men in Lawrence who opposed this course, and 
oppose it yet. I myself co-operated with the free-State party, until 
tliey took these revolutionary steps, and then I left them. 

" I lived in Illinois twelve years before I came to this Territory." 

Indeed the undersigned affirmed, upon the testimony, that either 
before the m(>eting of the legislature, or during its session, or after its 
adjournment, there were other organizations formed, to resist by force 
of arms the execution of any laws the legislature might pass, or any 
which they had passed, at all hazards, even to the destruction of the 



8i8 KANSAS AFFAIRS. 

Territorial government, and the dismemberment of the confederacy 
itself. In proof of this assertion the undersigned begs leave to refer 
to the testimony of Pat. Laughlin, and the testimony of Dr. Andrew 
J. Francis. 

Pat. Langhlin testifies, in substance, that he came to Kansas from 
the State of Kentucky, in May, 1855. He settled in Doniphan, and 
favored the free-soil sentiment. He became a free-soiler about the 
middle of August, 1855, and had a meeting of that party on the 25th 
of the same month; at which meeting S. Collins presided. 

The meeting — although it was one intended for all of the four- 
teenth election district, as designated by Gov. Peeder, in his official 
proclamation governing the spring election of 1855 — had but about 
forty members in it, and that, too^ in a district far more thickly pop- 
ulated than any other district in the Territory of Kansas. 

This meeting was addressed by A. Lazelere, Dr. G. A. Cutler, C. 
W, Stewart, B. Harding, and others, all of whom urged very strongly 
on the meeting the necessity of forming a society something on the 
order of the "Know-nothings," by which they could unite their small 
party, and labor more effectually against the pro-slavery party. This 
idea was received with general acclamation by every member of the 
meeting but himself. He thought this a good sign of their "■ Know- 
nothing" origin. He therefore opposed the manoeuvres they were 
making; told them if they went into such measures, they would find 
in him an unrelenting enemy. They, sooner tlian cause any disturb- 
ance in their yet feeble ranks^ gave up all thoughts of such organiza- 
tions. The meeting then went on; and, after disjiosing of all busi- 
ness before it, we had speeches from several of the leading men — S. 
Collins^ Dr. G. A. Cutler, C. W. Stewart, John Fee, A. Lazelere, 
B. Harding, B. G. Cady, and others — many of whom strongly urged 
that the people ought to rise in arms, and with their might resist the 
authorities; and sooner than permit slavery in Kansas, or even to 
submit to the repeal » of the Missouri Compromise, to go with all 
their might for a disunion of the States ; and, in order to eftect their 
purpose, shed, if necessary, the last drop of their blood. Those 
speeches were received with acclamation by the poor deluded listeners. 
He was appointed at this meeting, together with several others, to 
represent the people of this (14th) district at the Big Springs conven- 
tion, to be held on the 5th of September. Next day several of tlie 
delegates met, and solicited him to go before the rest several days, 
that he might find out what our party was doing in other parts of the 
Territory. He started for Lawrence on the 27th of August, and after 
riding as far as Ocena, in Atchison county, he stopped at the house 
of Mr. Crosby, and made himself known to him. He then made him 
acquainted with the secret military organization, which organization 
had been on foot from the 4th of April, 1855. (There was another 
society previous to this.) Mr. Crosby then gave him a letter of intro- 
duction to G. W. Brown, of the Herald of Freedom. 

He went to Lawrence, and after aequainting Brown with his busi- 
ness, and giving him the letter of Mr. Crosby, he sli )wed him a great 
number of Sharpe's rifles — he supposed about 75 or lOO — and told him 
they were sent to them by the Emigrant Aid Society, of Boston; that 



KANSAS AFFAIRS. 89 

this society had also sent, and would continue to send, men and means 
to make Kansas a free State by force, if necessary. He told him that 
the arms and munitions of war were sent generally as dry goods or 
books to tlie agent of the society; and were sent concealed in this 
manner, that they might not be detected by the United States offi- 
cers. He told him that when our regiment would number thirty 
men, we could send a delegate to Boston ; but that he must first visit 
Lawrence, where he Avould get letters of introduction to the society in 
Boston, who would furnish us with as many rifles as we had men to 
bear them in the neighborhood; and, furthermore, that he would get 
them gratis. 

While in Lawrence, a box of goods came, directed to C. Robinson; 
it was taken into the room where they hold their secret meetings. A 
friend of his invited him to go up with him to see the kind of goods 
they received from the East. He went up, and, to his surprise, saw 
in the box a lot of bluejackets and white pants for military uniform; 
also a drum and drum-sticks. 

The lookers-on winked with their eyes, as though they meant some- 
thing. There was a large house, which answered the double purpose 
of a hotel and fort, and with which the public is very familiar ; it was 
then in the course of erection by the Emigrant Aid Society of Boston ; 
it had port-holes in it for guns. He was told by Mr. Brown, Mr. 
Conway, Hutchison, and Lowny, and many other leading men among 
the abolitionists, that this hotel was intended principally for a fortifi- 
cation for their town, for they expected their conduct would bring 
them, before long, into a collision with the authorities. 

A. H. Reeder seemed very well ac([uainted with the secret military 
order. Immediately after he told his business to Mr. Brown, and let 
him know he was a member of the secret order, he had an introduc- 
tion to A. H. Reeder. They both then got up and went into the 
back room, where the rifles were, about twenty -five feet fi'om him, 
and stood in a position on the floor where he had a full view of them. 
He could see from their actions, and from part of their conversation, 
wdiich he overheard, that he and the society were the principal topics 
of their conversation. When they finished their interview a preacher 
came in, and he was introduced as late of Boston. The three then 
began a conversation, in which the topic was, what men and means 
they could get by the next election, Avhich was to come off in the fall, 
for delegate to Congress. They spoke of a preacher who had gone to 
Boston for the express i)urpose of getting voters and other means to 
insure success at the coming election. 

Pursuant to public notice, the convention of the abolitionists met 
at Big Springs, on tne 5th of Se})tember, 1855 ; also the executive 
committee. This committee claimed the sole right to govern the 
Territory. He was introduced to this convention by A. H. Reeder. 
His manner of introducing him was very strange, and he was made a 
member without being proposed in his hearing. Shortly after he was 
introduced to the committee a man Avhose name, he thought, was 
McCuUough, and whose accent and outward demeanor bespoke him to 
be from the eastern States, offered the following resolution : 

" Resolved, That every reliable free-State man in the Territory be 



90 KANSAS AFFAIRS. 

furaislied with a rifle, a brace of pistols, and a sabre, gratis ; and that 
he be required to take an oath to come when called upon, and muster 
into service under his superior officer, and to sacrifice his life, if 
necessary, to rescue the person and property of any person who would 
be brought under the jurisdiction of the present laws of the Territory." 

The above resolution was seconded, and received by loud stampings 
in every part of the house, except the chairman, (C. Eobinson,) who 
remained silent a few moments, as though lost in deep thought. He 
at last spoke up, and asked the gentleman to withdraw his motion, 
and they would act upon it in a more private manner. All seemed 
silent and seemed to wonder at the cliairman's course. Another spoke 
wp, and said he thought the resolution interfered with provisions al- 
ready made. 

The chairman said he thought not ; but, for reasons he cared not 
to give at present, he wished the gentleman to withdraw his re- 
solution, and let them act upon it in a more private manner. It 
was then withdrawn. This committee, in assuming the government 
of the Territory, appointed two governing committees of tliree men 
each side of the Kansas river, whose duty it was to establish pest 
offices, mail routes, and mail carriers, to carry and take care of all 
free-soil and abolition mails, which was confined to the Territory. 
These two governing committees had the power to appoint persons 
who would arbitrate all difficulties arising in their respective districts. 
Persons so appointed Avere subject to removal, and responsible to the 
governing committee for any neglect of duty or abuse of power. In 
like manner^ the governing committees were responsible to the execu- 
tive committee. 

All expenses of the above-named officials were to be borne by the 
executive committee, who would derive the necessary aid from the 
eastern States and the Emigrant Aid Society of Boston. The execu- 
tive committee issued orders for all free-State men to give into the 
governing committees all the statements they could which would effect 
anything in weakening the pro-slavery jiarty. He being further 
north than any of the other two who were on the committee with him, 
he had all the statements to take of those north of him, and any other 
direction that was convenient. 

There were many who gave him their statements against the legis- 
lature and private individuals. All those who gave him any state- 
ments, had it in such language as was capable of being construed into 
a more dangerous meaning for the pro-slavery party, than what the 
real definition should be. Many of them told him they were making 
use of language that would make the pro-slavery party appear to the 
world more guilty than they in reality were ; and no matter how false 
a meaning was put on their statements, they would be easy in con- 
science if they could realize their object. Many told him, when called 
upon, they were willing to swear that thousands of Missourians came 
over iind voted, although he saw none; but admitted to him that they 
saw no Missourians vote, nor did they know of any who did. He had 
heard A. H. Keeder urge the people to rebellion and bloodshed, while 
they listened to him as though he were one of the prophets and patri- 
archs of old. He had heard men say, who appeared to take and hold 



KANSAS AFFAIRS. 91 

a high position among the abolitionists, openly boast that they had 
helped to run oiF negroes from the sonth into Canada, and hoped the 
day was near at hand when they would succeed in all their designs, 
and settle those gentlemen of color along the shores of Kansas, where 
they could make war on the institutions of the South — particularly of 
Missouri — till there would not be a slave left in it. Such are tlie prin- 
ciples of those who keep Kansas in a state of rebellion, and such are 
the men who are the leaders of the abolitionists — leading them on to 
thievery, treason, and death. 

He has heard Judge Johnson, of the United States supreme court 
for the Territory, often instruct the people that, when called on to 
swear in the Territory, they might swear to what suited them, and 
they would not be perjured, as there was no law in the Territory. 
Whilst in Lawrence as delegate to the convention of the free -State 
men to be held at Big Springs, he heard many of the people say many 
of their people returned after the spring election. There were a great 
many camps at Lawrence then. Some of those forming the camps 
told him that they would return to the States in the latter part of 
the fall. At the fall and winter election for a delegate to Congress, 
for a State constitution and the formation of a State government, the 
judges of the polls had instructions publicly, that in case of Indian or 
other troubles they might adjourn from day to day, and finally to 
any other district in the Territory, to hold their election. But the 
private instructions were, if pro-slavery men attempted to vote^ and 
were likely to have a majority, they must adjourn from day to day, 
and finally to any free-soil district in the Territory. He heard 
many of the peojole in LaAvrence curse the Emigrant Aid Society of 
Boston, and say if it did not pay them soon they would return to the 
States, for it had failed to pay them for some time. He was told by 
Beveral of the emigrants in Lawrence that the Emigrant Aid Society 
of Boston paid the expenses of all men who would come out to 
Kansas to vote for it to be a free State. . 

The following is an extract from the deposition of Andrew J. 
Francis : 

"•Ofiers were made to me by various persons to introduce me to a 
secret political organization. The only name I ever received as a 
aember of the lodge was * Kansas Regulator.' The next morning 
I was conversing with Governor Eeeder, Jas. H. Lane, G. P. Lowry, 
and several others, one by the name of Chapman and one by the 
name of Hornsby ; but both these gentlemen had merely come up to 
us as we were standing on the corner of the street talking. I had 
noticed black ribbons tied in the shirt-bosoms of several gentlemen ; 
I noticed one or two tied to Governor Reeder's shirt-bosom. I made 
the inquiry as to what those black ribbons meant. Colonel Lane 
asked me to go with him, and he would show me something that 
would please me better than what I had seen the night before. The 
night before I had attended a masonic lodge. Colonel Lane was id 
the lodge while I was there. I made some reply to Lane, as though 
awaiting to go with him, saying that I would have to see something 
that would please me extraordinarily well, if it pleased me better than 
what I had seen the night before. I went with Colonel Lane to the 



92 KANSAS AFFAIRS. 

law-office of John Plutchison, as I afterwards found out. Governor 
Reeder did not go into the room where 1 was initiated. Doctor 
Robinson was standing just before the door, with a lady, I think. 
Colonel Laiie asked him to leave the lady and go into the office with 
us. Robinson rather objected at first, but finally came in with us 
and said he would explain the nature of the organization he was 
about to initiate me into. The substance of the explanation was 
that Kansas was a beautiful country and well adapted to freedom, 
and the best territory in the world for the friends of freedom to 
operate on, more especially for those who were engaged in the free- 
white State cause. After proceeding in that strain for awhile, he 
asked me if I was willing to pledge my word and honor that I would 
keep secret what I saw there and who I saw there, provided he would 
pledge his word and honor that there was nothing that would inter- 
fere with my duties as a citizen, or that was disloyal in any respect. 
I replied that I was willing. He then gave me some other instruc- 
tions that I do not now recollect, of about the same import as the 
first. Colonel Lane then took me in hand and told me that he could 
administer the grand obligation_, which was done by my repeating after 
him, as follows : 

'I, of my own free will and accord, in the presence of Almighty 
G-od and these witnesses, do solemnly swear that I will always hail, 
forever conceal, and never reveal any of the secrets of this organiza- 
t-ion to any person in the known world, except it be to a member of 
the order, or within the body of a just and legal council. I further- 
more promise and swear, that 1 will not write, print, stain, or indite, 
them on anything movable or immovable, whereby the least figure or 
character may become intelligible to myself or any other person. I 
furthermore promise and swear, that I will at all times, and under all 
circumstances, hold myself in readiness to obey, even to death, the 
orders of my superior officers. I furthermore promise and swear, that 
I will at all times, and under all circumstances, use my influence to 
make Kansas a free-white State. I furthermore promise and swear, 
that all things else being equal, I will employ a free-State man in 
preference to a Missouri man, or a pro-slavery man. I furthermore 
promise and swear, that all business that I may transact, so fiir as in 
my power, shall be transacted with free-State men. I furthermore 
promise and swear, that I will at all times, and under all circum- 
stances, hold myself in readiness to take up arms in defence of free- 
State principles, even though it should subvert the government. I 
furthermore promise and swear, that I will at all times, and under all 
circumstances, wear upon my person the regalia of my office and the 
insignia of the order. I furthermore swear, that I will at all times, 
and under all circumstances, wear on my person a weapon of death. 
I furthermore promise and swear, that I will at all times, and under 
all circumstances, keep in my house at least one gun, with a full 
'^supply of ammunition. I furthermore promise and swear, that I will 
-at all times, and under all circumstances, when I see the sign of dis- 
tress given, rush to the assistance of the person giving it, even when 
there is a greater probability of saving his life than of losing my 
own. I furthermq^-e promise and swep-r, that I will, to the utmost of 



KANSAS AFFAIRS. 93 

my power, oppaso tlie laws of tlie so-called Kansas legislature. I 
furthermore promise and swear, that when I hear the words of danger 
given, I will repair to the place where the danger is. I furthermore 
promise and swear, that if any part of my obligation is at this time 
omitted, I will consider the same as binding when legally informed of 
it. I furthermore promise and swear, that, at the lirst convenient 
opportunity, I will commit this obligation to memory. To all of this 
I solemnly swear, without equivocation or self-evasion, binding my- 
self under the penalty of being declared a perjuror before Heaven and 
a traitor to m}^ country.' 

" I then remarked to Col. Lane, that that was a very serious obliga- 
tion. He replied it was ; and also stated that it was necessary for me 
to become acquainted with the signs and pass-words. The sign of 
recognition is given by placing the right thumb under the chin, and 
the fore-iinger of the right hand by the side of the nose, quietly 
scratching or rubbing it two or three times. The answer to it was 
given oy placing the thumb and fore-finger of the left hand on the 
lower lip, as if rubbing it. The grip was given by locking the 
two first fingers of the right hand over each other. The words ac- 
companying the grip are these : The one giving you the grip would 
ask : ' Are you in favor of Kansas becoming a free State ? ' The 
answer was : 'I am, if Missouri is willing.' The means by which 
persons procured admission into the council was, by going to the door 
the sentinel would then present himself. The person applying would 
.^ay 'Kansas,' accenting the last syllable. The person would then 
advance to the centre of the room and salute the colonel, by placing 
his right hand just above his forehead. The regalia was this : The 
})rivate members wore a black ribbon tied upon their shirt-bosoms ; the 
colonel wore a red sash ; the lieutenant-colonel a green sash ; the 
major a blue sash ; the captains white sashes ; the lieutenants yellow 
sashes ; the orderly sergeant a very broad black ribbon upon the shirt- 
bosom. Col. Lane then remarked to me that I had been made ac- 
quainted with the principles of the institution, and that it was the 
determination of the free-State party not to submit to the laws of the 
legislature, or to any o^iposition that might come from Missouri or any 
other quarter. I remarked to the Colonel that I was sworn to sup- 
port those laws in taking my oath as a lawyer, and that I considered 
that that oath was administered by a higher power than he exercised, 
and hence I should not keep the obligation he had given to me ; and 
under no circumstances would I do anything to subvert the institu- 
tions of the country, or place myself in opposition to the laws ; and 
he might depend upon it, I would expose it the first convenient oppor- 
tunity. I also told him I could not consistently keep both obligations 
that had been imposed upon me ; that I was also a member and min.- 
ister of a religious denomination, and that it would not be consistent 
with my Cbristian/luties to keep the obligation he had imposed on 
me ; that I shouldnnost certainly, when the subject came up, expose 
it. He stated then to me, that if that was my determination, and I 
did express myself so publicly, I would hardly get aAvay from the city 
with my life. I replied to him that I would express myself so undea* 
all circumstances, both in public and private." 



94 KANSAS AFFAIES. 

It now being most fully shown, as the undersigned believes, that 
the anti-slavery party formed secret political organizations of a mili- 
tary character to resist, with force of arms, the execution of the laws 
of the Territory, and to defend themselves against any effort which 
might be made by officers to enforce obedience to the laws and au- 
thorities of the Territory ; after preparing the minds of the people 
to embark in any measures, however reckless and desperate in their 
nature and characters, the primary objects of these seditions, secret 
associations were boldly developed at a convention held by the anti- 
slavery party at Big t^prings on the 5th and 6th days of September, 
1855. But, before proceeding further in relation to this convention, 
the undersigned deems it proper to remark, that after the legis- 
lative election in March, 1855, Governor Reeder issued his procla- 
mation, convening the legislature at Pawnee city, upon the express 
understanding that if there were not sufficient accommodations 
there for the members and officers of the legislature, they could, 
strictly in accordance with the provisions of the organic act, adjourn 
to any other point in the Territory, and if they did so he would co- 
operate with them. In proof of this, reference is made to the testi- 
mony of the Eev, Thomas Johnson, a member of the council. The 
legislature consequently met at Pawnee city. They remained there 
but a short time, as they found no accommodations for the members 
atid officers of the legislature, the great majority of them having to 
camp out and cook their own provisions, there not being boarding- 
houses in the place sufficient to receive and accommodate them. The 
cholera also broke out there, and several deaths occurred in conse- 
quence. The legislature then adopted a resolution adjourning to 
Shawnee Mission. It is evident that Pawnee city was not a suitable 
place for the convening of the legislature, because of the absence of all 
accommodations for members, as well as being 145 miles from the 
Missouri river, whence they derived diiefly their supplies for subsist- 
ence. The house in which they were convened had neither doors nor 
windows, and but a temporary floor. 

While in session, however, at Pawnee, the governor recognised them 
as a legally constituied legislative body, as will be more fully showc 
by reference to his message to that body ; but, after they removed U 
Shawnee Mission, he vetoed all the bills they passed, of every dt> 
scription, upon the ground that they were sitting then at a place not 
authorized by law — the only ground alleged. 

Meanwhile, " The governor, instead of exercising constant vigilance, 
and putting forth all his energies to prevent or counteract the tenden- 
cies to illegality which are prone to exist in all imperfectly organized 
and newly associated communities, allowed his attention to be divert- 
ed from his official obligations by other interests, and himself set the 
example of a violation of law in the performance of acts which [as it 
seems] rendered it the duty of the President of the United States, in 
the sequel, to remove him from the office of chief executive magistrate 
of the Territory. ' ' 

The undersigned, in proof of the want of accommodations at Pawnee 
city, refers to the testimony of Rev. Thomas Johnson, member of the 
council, A. S.Johnson, Thomas Barbee, Wm. G. Matthias, and other 



KANSAS AFFAIRS. 95 

members of tlie legislature, as taken before a justice of the peace, 
and properly certified, which the undersigned begs to have consid- 
cj'ed a part of this report. 

After the removal of Governor Rceder, chagrined as he evidently 
was, he is found an active member of the Big Springs convention, held 
on the 5th and Gth days of September ; at which convention, as it is 
proven by the testimony of Marcus J. Parrott, a free-State man, and 
a member of the free-State legislature, taken before your com- 
mittee, the following resolutions, drawn up in the hand-writing of 
Gov. Reeder, were adopted. They are taken by the undersigned from 
a certified copy of the proceedings of said convention, in evidence be- 
fore your committee, and are as follows : 

^^Itesolved, That we owe no allegiance or obedience to the tjn-an- 
nical enactments of this spurious legislature ; that their laws have no 
validity or binding force upon the people of Kansas, and that every 
freeman amongst us is at full liberty, consistently with all his obliga- 
liions as a citizen and a man, to dei'y and' resist them, if he chooses to 
do so. 

'^Mesolved, That we will resist them, primarily, by every peaceable 
and legal means within our ])0wer, until we can elect our own repre- 
sentatives, and sweep them from the statute-book ; and that, as the 
majority of the supreme court have so far forgotten their official duty, 
have so far cast off the honor of the lawyer and the dignity of the 
judge, as to enter, clothed with the judicial ermine, into a partisan 
contest, and by an extrajudicial decision, given opinions in violation 
of all propriety, have prejudged our case before we could be heard, 
and have pledged themselves to these outlaws in advance to decide in 
tlieir favor, we Avill, therefore, take measures to carry the question of 
the validity of these laws to a higher tribunal, where judges are un- 
pledged and dispassionate, wliere the law Mall be administered in its 
purity, and where we can at least have the hearing before the deci- 
sion. 

^^Jle6oIvcd, That we cannot and will not quietly submit to surrender 
our great ' American birtliright' — the elective franchise — which, firsi 
by violence, and then by chicanery, artifice, weak and wicked legisla- 
tion, they have so efTectually accomplished to deprive us of, and thai 
we with scorn repudiate the ' election law,' so-called, and will not 
meet with them on the day they have appointed for the election, but 
will ourselves fix upon a day for the purj)0sc of electing a delegate to 
Congress 

^'■Besolved, That we will endure and submit to these laws no longer 
than the best interests of the Territory require, as the least of two 
evils, and will resist them to a hloody issue, as soon as we ascertain 
that peaceful remedies shall fail and forcible resistance shall furnish 
any reasonable prospect of success; and tliat, in the mean time, we 
recommend to our friends throughout the Territory the organization 
and discipline of volunteer companies, and the procurement and pre- 
paration of arms." 

And, finally, as the natural result of the foregoing proceedings of 
the free-soil party in the Territory, the laws were violated, their ex- 
ecution openly resisted by them, till at length came the difficulties at 
Lawrence, in the fall of 1855, and after the Big Springs convention * 



96 KANSAS AFFAIRS. 

in refjarcl to Avhich, as the most reliable testimony taken by your 
committee, the uudersigned heii;s to refer to the evidence of Governor 
Wilson Shannon, which is as follows : '"'That, as to the origin, pro- 
gress, and conclusion of the difficulties at Lawrence last Ml, (1855,) 
he begs leave to refer to his two despatches to the President of the 
United States, with the accompanying documents — the first dated on 
the 28th day of November, and the second on the 11th day of Decem- 
ber, 1855 — as containing what deponent believes to be a correct history 
and account of those transactions." 

The following are the despatches and documents referred to by the 
witness : 

Executive Office, Shawnee Misstox, 

Kansas Territory, November 28, 1855. 

Sir: Affairs in this Territory are daily assuming a shape of real 
danger to the jjeaco and good order of society. I am well satisfied 
that there exists in this Territory a secret military organization which 
has for its object, among pther things, resistance to the laws by force. 

Until within a few days past I have looked upon the threats of 
leading men and public papers wlio have placed themselves in an atti- 
tude of resistance to the laws, as not intended by those who made them 
to be carried into execution. I am now satisfied of the existence of this 
secret military organization, and that those engaged in it have been 
secretly supplied with arms and munitions of war, and that it is the 
object and purpose of this organization to resist the laws by force. 
The strength of this organization is variously estimated at from one 
to two thousand, but I have no satisfactory data from which to esti- 
mate its real strength, and I do not believe they can command for any 
given purpose more than one thousand men. They are said to be well 
supplied v.'ith Sharpe's rifles and revolvers, and that the}' are bound 
by an oath to assist and aid each other in the resistance of the laws 
when called upon so to do. Independentof the disclosures ruade by those 
who formerly belonged to this association and the hints thrown out in 
some of tlie public journals in their interest, the most practical proof of 
the truth of these allegations consists in their own acts. A few days 
since a difficulty took place in Douglas county^ some ten miles south of 
Lawrence, between one of these men and a man by the name of Cole- 
man, from Virginia, in relation to a claim ; in which the former was shot 
and died immediately. Coleman was taken into custody for trial, by 
the sheriff of that county, and to avoid all ground of objection as to 
legal authority, Judge Lecompte was written to and requested to at- 
tend at the county scat (it being in his judicial district) and sit as an 
examining court. In the mean time a large body of armed men, said 
to be from three to four hundred, collected at and near Lawrence for 
the avowed purpose of rescuing Coleman from the sheriff and executing 
him without a trial. Coleman claims that he shot the man strictly in 
self-defence, and is willing to abide a judicial investigation and trial. 
On Monday last a warrant was issuecl against one of tliis band of men 
for threatening the life of one (>f his neighbors, and placed in the 
hands of the sheriff of the county for execution, wlio, with a posse of 
some ten men, arrested him on Tuesday night, and as he was convey- 



KANSAS AFFAIRS. 97 

ing the prisoner to Lecompton, he was met about two o'clock in the 
morning by a band of these men, consisting of between forty and fifty, 
all armed with Sharpe's rifles and revolvers, who forcibly rescued the 
prisoner out of his hands, and openly proclaimed that there were no 
ofiicers or law in this Territory. In the settlement in which these 
ti'ansactions took place there were from sixteen to twenty law and 
order families, and about one hundred i'ree-soil families. At the last 
advices three of the houses of the former had been burnt down by this 
ai-med band. 

Cattle had been killed, and a considerable amount of corn and other 
})ersonal property destroyed, and the whole law and order population 
of that neighborhood, induced by terror, had fled, except two families, 
wliose lives Avere threatened. Helpless women and children have been 
forced by fear and threats to flee from their homes, and seek shelter 
and protection in the State of Missouri, Measures were being taken 
by the legal authorities to procure warrants against these lawless men, 
and have them arrested and legally tried. Under these circumstances 
tl)e slieriff of the county has called on me for three thousand men to 
aid him in the execution of the warrants in his hands, and to protect 
him and his prisoner from the violence of this armed force. The force 
required by the sheriff" is far beyond what I believe to be necessary, 
and indeed far beyond what could be raised in this Territory. From 
five to eight hundred men will be amply sufficient, I have no doubt, 
to protect the sheriff", and enable him to execute the legal process in 
his hands. With the view of giving to the sheriff" the requisite aid, 
I have issued orders to Major General Richardson, of the northern 
division of militia of this Territory — a prudent and discreet man — a 
Qopy of which I send you herewith. 1 also send you a copy of a 
request I have made of General Strickler, who resides in the adjoin- 
iQg county to Douglas. These are the only orders I have thought it 
necessary to issue, by means of which I believe a sufficient force will 
be raised to protect the sheriff", and enable him to execute the legal 
process in his hands. 

The time has come when this armed band of men, who are seeking 
to subvert and render powerless the existing government, have to be 
met and the laws enforced against them, or submit to their lawless 
iominion. If the lives and property of unoff'ending citizens of this 
Territory cannot be protected by law, there is an end to practical gov- 
arnment, and it becomes a useless formality. 
*• The excitement along the border of Missouri is running Avild, and 
lothing but the enforcement of the laws against these men will allay 
it. Since the disclosure of the existence and purposes of this secret 
military organization in tliis Territory, there has been much excite- 
ment along the borders of Missouri, but it has been held in check, 
heretofore, by assurances that the laws of the Territory would be en- 
forced, and that protection would be given to the citizens against all 
unlawful acts of this accociatiou. This feeling and intense excite- 
ment can still be held in subordination if the laws are faithfully ex- 
ecuted ; otherwise there is no power here that can control tiiis border 
ezcitement, and civil war is inevitable. This military organization is 
looked upon as hostile to all southern men, or rather to the law and 
H. Rep. 200 7 



98 KANSAS AFFAIRS. 

order party of the Territory, many of wliom have relations and friends, 
and all have sympathizers, in Missouri, and the moment it is helieved 
that the laws will not furnish adequate j^rotection to this class of citi- 
zens against the lawless acts of this armed association, a force will 
be precipitated across the line to redress real and supposed wrongs 
inflicted on friends that cannot be controlled, or for the moment 
resisted. It is in vain to conceal the fact : we are standing on a 
volcano, the npheavings and agitations beneath we feel, and no one 
can tell the hour when an eruption may take place. Under existing 
circumstances the importance of sustaining the sheriff of Douglas 
county, and enabling him to executehis process, independent of other 
considerations connected with the peace and good order of society, will 
strike you at once ; and to do this by the aid and assistance of the 
citizens of this Territory is the great object to be accomplished, t^ 
avoid the dreadful evils of civil war. I believe this can be done ; in 
this, however, I may be mistaken. No efforts shall be wanting on 
my ]iart to preserve good order in the Territory, and I will kee]) you 
constantly advised of the progress and state of things here. 
I have the honor to be, your obedient servant, 

WILSON SHANNON. 
His Excellency Franelin Pierce. 



Headquarters, Shawnee ^Mission, 

Kansas Territory, Novemher 27, 1S55. 

Sir : Reliable information has reached me that an armed military 
force is now in Lawrence and that vicinity, in open rebellion agamst 
the laws of this Territory, and that they have determined that no pro- 
cess in the hands of the sheriff of that county shall be executed. I 
have received a letter from S. J. Jones^ sheriff of Douglas county, 
informing me that he had arrested a man under a warrant placed in 
his hands, and while conveying him to Lecompton he was met by an 
armed force of some forty men, and that the prisoner was taken out 
of his custody, and open defiance bid to the law. I am also duly 
advised that an armed band of men have burnt a number of houses, 
destroyed personal property, and turned Avhole families out of doors 
in Douglas county. Warrants will be issued against those men, and 
placed in the hands of the sheriff of Douglas county lor execution. 
He has written to me, demanding three thousand men to aid him in 
the execution of the process of the law and the preservation of peace. 

You are, therefore, hereby ordered to collect together as large a 
force as you can in your division, and repair without delay to Lecomp- 
ton, and report yourself to S. J. Jones, the sheriff of Douglas county, 
together with the number of your forces, and render to him all the 
aid and assistance in your power, if required in the execution of any 
legal process in his hands. The forces under your command are to 
be uoed for the sole purpose of aiding the sheriff in executing the 
law, and for no other purpose. 

I have the honor to be_, vour obedient servant, 

WILSON SHANNON 

Maior General William P. Richardson 



KANSAS AFFAIRS. 99 

Headquarters, Shawnee Mission, 

Kansas Territory, November 21, 1855. 
Sir: I am this moment advised, by letter from S. J. Jones, slieriif 
of Douglas county, that while conveying a prisoner to Lecompton, 
whom he has arrested by virtue of a peace warmnt, he was met by a 
band of armed men, who took said prisoner forcibly- out of his posses- 
sion, and bid defiance to the execution of all law"^ in this Territory. 
He has demanded of me tlirec thousand men to aid him in tlie execu- 
tion of the leg-al_ process in his hands. As the southern division of 
the militia of this Territory is not organized, I can only request you 
to collect together as large a force as you can, and at as early a day 
as practicable report yourself, with the forces you may raise, to S. J. 
Jones, sheriff of Douglas county, and to give him every assistance in 
your power, in the execution of the legal process in his hands. 
Whatever forces you may bring to his aid are to be used for the sole 
purpose of aiding the said sheriff in tlie execution of the law, and no 
other. It is expected that every good citizen will aid and assist the 
lawful authorities in the execution of the laws of the Territory and 
the preservation of good order. 

Your obedient servant, 

WILSON SHANNON. 
General H. J. Strickler, 



Executive Office, Shawnee Mission, 

Kansas Territory, December 11, 1855. 
Sir : In my despatch to you of the 28th ultimo, I advised you of the 
threatened difficulties in relation to the execution of the laws of this 
Territory in Douglas county. The excitement v/hich then existed con- 
tinued to increase, owing to the aggravated reports from Lawrence 
and that vicinity in relation to the military preparations that were 
being made to attack the sheriff and resist the execution of the laws. 
The excitement increased and spread, not only throughout this whole 
Territory, but was worked up to the utmost point of intensity in the 
whole of the upper portion of Missouri. Armed men were seen rush- 
ing from all quarters towards Lawrence, some to defend the place, 
and others, to demolish it. The orders I had issued to Major Gen- 
eral Richardson and General Strickler had brought to the sheriff of 
Douglas county a very inadequate force for his protection, when com- 
pared with the forces in the town of Lawrence. Indeed, the militia of 
the Territory being wholly unorganized, no forces could be obtained 
cxce})t those who voluntarily tendered their aid to the sheriff, or to 
Generals Richardson and Strickler. The whole force in the Territory 
thus obtained did not amount to more tlian three or four hundred 
men, badly armed, and wholly unprepared to resist the forces in Law- 
reTice, which amounted, at that time, to some six hundred men ; all 
remarkably well armed with Sharpe"s rifles and other weapons. These 
facts becoming known across the line, in the State of Missouri, large 
numbers of men from that State, in irregular bodies, rushed to tlie 



100 KANSAS AFFAIRS. 

county of Douglas, and many of them enrolled themselves in the 
sheriff's posse. In this state of affairs, I saw no vray of avoiding a 
deadly conflict hut to obtain the use of the United States forces at 
Fort Leavenworth, and with that view I addressed you a telegraphic 
despatch, and received on the 5th instant your \erj prompt and satis- 
factory reply of the 4th instant, a copy of which I immediately trans- 
mitted, by special despatch, to Colonel Sumner, with the request that 
he would accompany me with his command to the scene of difficulty. 
In reply, I was informed he would immediately do so, having no 
doubt that in due time proper instructions would be received from the 
War Department. Information, however, which I received from both 
parties, convinced me that my presence was necessary to avoid a con- 
flict, and without waiting for Colonel Sumner, I repaired to the seat 
of threatened hostilities, ai the same time advising Colonel Sumner, 
by special despatch, of this movement. On my way to Lawrence, I 
met a despatch from Colonel Sumner, informing me that, upon reflec- 
tion, he had changed his determination, and that he would not march 
with his command until he had received orders from the proper de- 
partment, but that he would be ready to move with his command the 
moment such orders came to hand. I proceeded as rapidly as possible 
to the camp of General Strickler, on the Wakarusa, six miles east of 
Lawrence, and arrived in camp about three o'clock on the morning of 
the sixth instant. I found that General Strickler, as well as General 
Richardson, had very judiciously adopted the policy of incorporating 
into their respective commands all the irregular forces that had 
arrived. This was done with the view of subjecting them to military 
orders and discipline, and to prevent any unlawful acts or outbreaks. 
The great danger to be apprehended was from an unauthorized attack 
on the town of Lawrence, which was being strongly fortified, and had 
about one thousand and fifty men, well armed, to defend it, with two 
jfieces of artillery, while, on the other side, there was probably in all 
near two thousand men, many of them indifterently armed, but having 
a strong park of artillery. I found in the camp at Wakarusa a deep 
and settled feeling of hostility against the opposing forces in Lawrence, 
and apparently a fixed determination to attack that place and demolish 
it and the presses, and take possession of tlieir arms. It seemed to be 
a universal opinion in the camp that there was no safety to the law 
and order party in the Territory while the other party were permitted 
to retain their Sharpe's rifles, an instrument used only for war purposes. 
After mingling with all the leading men in the Wakarusa camp, and 
urging on them the importance of avoiding a conflict of arras, that 
such a step would probably light the torch of civil war and endanger 
the very Union itself, I still found that there was a strong desire with 
all, and a fixed determination with many, to compel the forces in 
Lawrence to give up their arms. Believing that such a demand 
would lead to a conflict which, if once commenced, no one could tell 
where it would end, and seeing no way to avoid it except by the aid 
of the United States forces, I again wrote another communication to 
Colonel Sumner, and sent it to him by special despatch about threo 
o'clock on the morning of the 7th instant, requesting his presence ; 
a copy of which I send you herewith, marked E. I received no reply 



KANSAS AFFAIRS. 101 

until ray return to this ])lace, after the difticnlty had been arranged. 
I send you a copy of this reply, marked F. Early on the morning 
of the Tth instant I repaired to the camp at I>awrence, and found 
them busily engaged in their fortifications and in drilling their 
forces, and had a full and satisfactory interview \v\t]\ the committee 
ap])oiutcd by the forces in Lawrence, in relation to the impending 
ditficulties. So far as the execution of the laws wa.s concerned, we 
had no difficulty in coming to a satisfactory understanding. It was 
at once agreed that the laws of the Territory should have their regu- 
lar course, and that those who disputed their validity should, if they 
desired to do so, test that question in the judicial tribunals of the 
country; that, in the mean time, no resistance should be made to their 
due execution, and the citizens of Lawrence and vicinity were, when 
properly called on, to aid in the arrest of any one charged with their 
violation, and aid and assist in the preservation of the peace and good 
order of society; while, on my part, I gave them every assurance in my 
power that they should be protected in all their rights and defended 
anainst any unlawful aggressions. It is proper I should say, that 
they chaimed that a large majority of them had always held and incul- 
cated the same views. The assurances I received entirely satisfied me 
that no one against whom a writ had issued was then in Lawrence; 
that they had all fled, and that they were harboring, concealing, or 
defending no one against whom a writ had been issued, and that here- 
after there would be no combined effort made to prevent the service of 
any process in the county of Douglas. This was entirely satisfactory, 
and all that had been desired. But to satisfy the forces that sur- 
rounded Lawrence, so that they could be induced to retire in order, was 
the great difliculty to be overcome. To issue an order to the sheriff 
to disband his posse, and to Generals Richardson and Strickler to dis- 
band their forces, would have been to let loose this large body of men, 
who would have been left without control to follow tlie impulse of 
their feelings, which evidently was to attack and disarm the people 
of Lawrence. Early^ on the morning of the 8th, througli the influ- 
once of some leading men, I i)rocured thirteen of the leading captains 
in the Wakarusa camp to be ap})ointed a committee to confer with a 
committee from the Lawrence camp, to meet at Franklin, midway 
between the two hostile forces. I proceeded to the Lawrence camp, 
and returned to Franklin in the evening, with the committee, where 
the proposed interview took place. This interview, which lasted for 
some time, resulted in producing a better state of feeling, and the 
committee from the Wakarusa camp Avere satisfied to retire without 
doing anytliing more, and so reported to the army. This, with the 
active exertions of myself and others, produced abetter feeling anion* 
the men, and by daylight on the morning of the 9th, I felt 1 could 
with safety order the forces to disband, and accordingly did so. 
They retired in order, and refrained from any act of violence, but it 
was evident there was a silent dissatisfaction at the course I had 
taken. But I felt conscious I was right, and that my course would 
be sanctioned alike by the dictates of humanity and sound policy. 1 
returned to Lawrence on the 9th, and remained until the morning of 
the 10th, when, everything being quiet and safe, I returned to this 



102 KANSAS AFFAIRS. 

place. Ev^erytliing is quiet now; but it is my duty to say to you, 
frankly, that I have forebodings as to the future. The militia or 
volunteer corps cannot be relied on to preserve the peace in these civil 
party contests, or where partisans are concerned. A call on the 
militia will generally only bring in conflict the two parties. I am 
satisfied that the only forces that can be used in this Territory in en- 
forcing the laws, or preserving the peace, are those of the United 
States, and with this view I would suggest that the executive of this 
Territory be authorized to call on the forces of the United States when, 
in his judgment, the public peace and tranquillity, or the execution 
of tlie laws, may require their assistance. Should there be an out- 
break, it will most probably be sudden, and before orders can be ob- 
tained from AVashington the crisis will have passed. I send yon 
herewith the copies of various affidavits, letters, &c., which will give 
you some information in detail touching the subject-matter of this 
despatch. 

I have the honor to be, your obedient servant, 

WILSON SHANNON. 

His Excellency Franklin Pierce. 



ss. 



United States of America, 
Territory of Kansas. 
Be it remembered, that on this sixth day of December, in the year 
A. D. 1855, personally appeared before me, J. M. Burrell, one of the 
associate justices of the supreme court of the said Territory of Kansas, 
Harrison Buckley, of lawful age, who being by me duly sworn, saith 
that he is a citizen of the county of Douglas, and has resided therein 
since 30th day of March last, and has resided during all that time at 
Hickory Grove ; that he was informed on good authority, and which 
he believed to be true, that Jacob Branson had threatened liis life, 
both before and after the difficulty between Coleman and Dow^ which 
led to the death of the latter. I understood that Branson sv/ore that 
deponent should not breathe the pure air three minutes after I re- 
turned, this deponent at this time having gone down to Westport, in 
Missouri ; that it was these threats, made in various shapes, that macte 
this deponent really fear his life, and which induced him to make 
affidavit against the said Branson, and procure a peace warrant to 
issue, and be placed in the hands of the sheriff of Douglas county ; 
that this deponent was with the said sheriff (S. J. Jones) at the time 
the said Branson was arrested, which took place about two or three 
o'clock in the morning ; that Branson was in bed when he was arrested 
by said sheriff; that no pistol or other weapon was presented at the 
said Branson by any one ; that after the arrest, and after the company 
with the sheriff had proceeded about five miles in the direction of 
Lecompton, the county seat of Douglas county, the said sheriff and his 
posse were set upon by about between thirty and forty men, who came 
out fVom behind a house, all armed with Sharpe's rifles, and presented 
their guns cocked, and called out who they were ; and said Branson 
replied that they had got him a prisoner ; and these armed men called 
on him to come away. Branson then went over on their side, and 



KANSAS AFFAIRS. 103 

sheriff Jones said they were doing something they woiiUl regret here- 
after in resisting the laws ; that he was sheriff of ])oughis county, and, 
as such, had arrested Branson. These armed men replied that they had 
no laws, no sheriff, and no governor, and that they knew no laws but their 
guns. The sheriff, being overpowered, said to these men, that if they 
took him by force of arms he had no more to say, or something to that 
import, and then we rode off. This deponent further states that there 
have been three houses burned in the Hickory Point settlement ; one 
was this dej)onent's house, another belonged to Josiah llargis, and the 
third to said Coleman. All I had in the world was burned up, leaving 
my wife and children without clothing. This deponent's wife and 
four children fled to Missouri, where they still remain with their rela- 
tives. The house of deponent was burned down, as it is said, shortly 
before daylight in the morning. The wives and children of both Cole- 
man and liargis also fled to Missouri, where they still remain. There 
were about fifteen or sixteen law-abiding fjimilies in the settlement 
called the Hickory Grove settlement about the time these difiiculties 
sprung up ; they have all been forced by terror and threats of these 
armed men to flee with their wives and children to the State of Mis- 
souri for protection, and still remain there. These armed men have 
repeatedly in my presence said that they would resist the law by force, 
and there was no law in this Territory. These threats have been re- 
peatedly made by these men for the hist three months. And further 
this deponent saith not. 

H. H. BUCKLEY. 

Sworn and subscribed the day and year above stated, before me. 

J. M. BUREELL, 
Associate Justice Supreme Court, Kansas Territory. 



United States op America, ) 
Territori) of Kansas. \ ' 

Be it remembered, that on this 7th day of December, A. D. 1855, 
personally came before me, S. G. Cato, one of the associate justices of 
the supreme court of the Territory of Kansas, Josiah Hargis, of law- 
ful age, who being by me duly sworn, deposeth and saith, that on or 
about the 26th day of November, 1855, in Douglas county, sheriff 
Jones called upon me, with nine others, to act as a posse to an-est one 
Jacob Branson, under a peace Avarrant issued by Hugh Cameron, a 
justice of the peace ; that he proceeded with said sheriff to Hickory 
Point, in said county, and there arrested said Branson, with whom 
fliey proceeded in the direction of Lawrence. When near a house on 
tlie Wakarusa an armed mob of persons, amounting to between thirty 
and forty, rushed from behind said housu, and by force did rescue said 
Branson out of the hands of said sheriff and posse, and in defiance of 
of said sheriff's command, tako said Branson and refuse to deliver 
him to said sheriff. That tlie said sheriff told the said mol) that he 
held said Branson under a peace warrant properly issued by a legally 
authorized oflicer ; and that he was sheriff of said county of Douglas, 



104 KANSAS AFFAIRS. 

and charged with the execution of said vv^rit. The leader of said mob 
replied to said otiicer that they knew him as Mr. Jones, but not as 
sheriff of Douglas county. He then told them that he would call out 
the militia to enforce the law. Their reply was that he could not get 
men to enforce said law. He told them then that he would call on the 
governor for assistance ; to which the said mob replied that they had 
no laws and no officers, and to pitch in. Said mob stood with their 
guns cocked and presented at the time of said rescue. 

This deponent further saith, one H. H. Buckley, of said county of 
Douglas, was with said shoritf at the time of said rescue, as one of 
said sheriff's posse ; that during the same night on which said resciie 
was made, said affiant saw a light in the direction of said Buckley's 
house, and that he fully believes said house was at that time burned. 
That he believes, from circumstances within his knowledge, that said 
house, together with his own, was burned by persons concerned with 
said mob ; and that he has reason to believe that some of said houses 
were fired by said Branson aforesaid, assisted by a German, commonly 
called Dutch Charley ; and they were counselled and advised thereto 
by one Farley. This affiaut further says, that at the time of the res- 
cue of said prisoner he was at a house near Hickory Point, and that he 
there saw three women, Avho told him that there had been an armed 
force that day who notified them to leave, and all other pro-slavery 
families in the neighborhood ; and since, said families have left said 
neighborhood and fled to the State of Missouri. Said affiant says 
that he believes there were at that time in said neighborhood about 
fifteen pro-slavery families, nearly all of whom have fled, as aforesaid, 
to the State of Missouri, for protection. Said armed force was repre- 
sented to consist of from one hundred to one hundred and fifty armed 
men. • 

S. N. HARGIS. 

Sworn and subscribed before me. S. G. CATO, 

Associate Justice of Kansas Territory. 

In relation to events which have transpired since the apppointment 
of your committee, the majority of your committee use this language: 
" Your committee did not deem it within their power or duty to take 
testimony as to events which have transpired since the date of their 
appointment," The undersigned begs to say, that the majority of 
your committee did, however, take testimony as to events which 
*' transpired since the date of their appointment." They admitted to 
record the testimony of Pardee Butler, as to his being tarred and 
cottoned at Atchison, and that of others touching other events, all 
happening after the date of their arrival in Kansas Territory, and 
consequently after that of their appointment. Having admitted tes- 
timony as to some events of the kind, it was but justice to all parties 
that counter testimony, relating to those as well as other events of the 
same kind, should be admitted. And thus the undersigned thought, 
when the counsel of General Whitfield sought to introduce evidence 
as to the Pottawatomie Creek murders, and other outrages. Having 
established a precedent, it was inconsistent for the majority of your 



KANSAS AFFAIRS. 105 

committee to refuse to take such testimony upon the ground that they 
had no " ])Ower," and that it was not their " duty" to investigate oc- 
currences that " trans])ired since the date of their appointment." 
They exercised such a "power," and in part fulfilled such a " duty," 
when they took testimony prejudicial to the pro-slavery party ; but 
when testimony unfavorable to the free-State ]>arty was sought to be 
introduced, it was then, and not till tlien, that the majority of your 
committee concluded that it was not witliin " their power or duty to 
take testimony as to events which transpired since the date of their 
appointment." But the majority of your committee extricated 
themselves from the dilemma in which they had, in this regard, 
placed themselves, by expunging testimony favorable to the free- 
State party side — testimony already received in relation to alleged 
violence shown to Pardee Butler and others, so that they could 
consistently refuse to admit testimony as to outrages committed 
by the free-State people, which in savage barbarity and demf)niac 
cruelty have scarcely an equal in the history of civilized man. But, 
notwithstanding that the xnajoritj^ deemed it without their "power 
or duty" to investigate matters occurring since the time of their ap- 
pointment, they have reported, and in their report dwelt with much 
warmth of expression upon, events which they admit "transpired 
since the date of their appointment" — events for which they do not 
claim to have a shadow of authority for their truth except vague 
rumor, and for which in fact there is none as yet shown ; and the tes- 
timony in regard to at least one of which events they had ex})unged 
from the record, to wit, the tarring and cottoning of Pardee Butler. 
The undersigned is of the opinion, that if the majority of your com- 
mittee are justified in reporting and dwelling upon occurrences for 
the truth of which they offer no proof, he is equally, if not much more 
strongly justified, in reporting and dwelling upon occurrences for the 
proof of which he has sworn testimony. The majority of your com- 
mittee having presented, in their report, scarcely anything but what 
is favorable to the abolition ])arty in Kansas and prejudicial totliclaw 
and order party, the undersigned deems it a dut}^, no less to the House 
than to the country and the cause of truth, to give some facts on the 
other side favorable to the other party in Kansas, so that in present- 
ing both sides, the world may have a fair chance to get at the truth, 
and arrive at a just conclusion. The minority of your committee (the 
majority having alluded, in their report, to events as to which they 
refused to take testimony) has fortunately been furnished with sworn 
testimony to which he desires to refer, and whicli lie considers im- 
portant to lay before the House and the public. First in order of 
time are the murders committed on the night of the 24th of ]\Iay, 1856, 
on Pottawatomie creek. In this massacre, it is known that five per- 
sons were killed in one night, viz : Allen Wilkinson, William Sher- 
man, William P. Doyle, lather, and William and Drury Doyle, sons. 
The undersigned begs leave to refer to various affidavits v.-hich he ap- 
pends to and makes a part of his report. 

Allen Wilkinson Avas a member of the Kansas legislature — a quiet, 
inoffensive man. His widow, Louisa Jane Wilkinson, testifies, that 
on the night of the 24th of May last, between the hours of midnight 



106 KANSAS AFFAIRS. 

and (laj'-break, slie thinks, a party of men came to tlie house where 
they were residing and forcibly carried her husband away ; that they 
took him in the name of the " Northern Army," and that next morn- 
ing he was found about 150 yards from the house, dead. Mrs. Wilk- 
inson was very ill at the time with measles. Here follows an extract 
from her affidavit: "I begged them to let Mr. Wilkinson stay with 
me, saying that I was sick and helpless, and could not stay by myself. 
My husband also asked them to let him stay with me until he could 
get some one to wait on me ; told them that he would not run off, but 
would be there the next day, or whenever called for ; the old man who 
seemed to be in command looked at me, and then around at the child- 
ren, and replied, ' you have neighbors.' I said, ' so I have, but 
they are not here, and I cannot go for them.' The old man replied, 
'it matters not,' and told him to get ready. My husband wanted 
to put on his boots, and get ready, so as to be protected from the damp 
and night air, but they would not let him. They then took my hus- 
band away. * * * After they were gone I thought 1 heard my 
husband's voice in complaint. * * Next morning Mr. Wilkinson's 
body was found about 150 yards from the house, in some dead brush. 
A lady, who saw my husband's body, said that there was a gash in 
his head and his side. Others said that he was cut in the throat twice." 
Mr. Wilkinson was a poor man, and of course his widow was left desti- 
tute ; but, regardless of this fact, they took away some property, in- 
cluding the only horse they had. Mrs, Wilkinsoji was presented at 
Westport, Missouri, with the necessary means to g*o to her father's in 
Tennessee. She has two small children. Mrs. Wilkinson's descrij)- 
tion of the leader of the men who murdered her husband suits Ca}>- 
tain John Brown, a well known character in the abolition party. She 
says that her husband was a quiet man, and was not engaged in arrest 
ing or disturbing anybody. He took no active part in the pro-slavery 
cause, so as to aggravate the abolitionist.s; but he was a pro-slavery 
man. 

The circumsta-aces attending W^illiam Sherman's assassination are 
testified lo by Mr. James Harris, of Franklin county, Kansas. Mr. 
Sherman was staying over night at the house of Plarris, when, on the 
night of the 24th of Miiy, about two o'clock. Captain John Brown and 
part}'- came there, and after taking some property and questioning 
Harris and other.^, Sherman was asked to walk out. Mr. Harris, in his 
affidavit, says : "Old man Brown asked Mr. Sherman to go out with 
him, and Sherman then went out with Brown. I hciird nothing more 
for about fiiteen minutes. Two of the 'Northern Army,' as tliey styled 
themselves, staid with us until we heard a cap burst, and then these two 
inen left. Next morning, about ten o'clock, I found William Sher- 
man dead in the creek near my house. I was looking for him; as he 
had not come back, I thought he had been murdered. I took Mr. 
William Sherman (body) out of the creek and examined it. Mrs. 
Whiteman was with me. Sherman's skull was split open in two 
places, and some of his brains were washed out by the water ; a large 
hole was cut in his breast, and his left hand was cut off, except a little 
piece of skin on one side." 

In relation to the assassination of James P. Doyle and sons, the 



KANSAS AFFAIRS. 107 

affidavit of Mrs. Maliala Doyle, the widowed mother, was procured. 
William Doyle, one of the murdered, was twenty-two years of age ; 
Drury Doyle, the other, was twenty years of age. Mrs. Doyle was 
left very poor, witli four children — one of them only eight years old — 
to snppn-t. Mrs. Doyle testifies: "That a party of armed men came 
to her house about 11 o'clock, she thinks, on tlie night of tlie 24th of 
May; they first inquired where Mr. Wilkinson lived, and then made 
Mr. Doyle open his door, and went into the house, saying they were 
from the 'Army of the North,' and asking them to surrender." Says 
Mrs. Doyle : "They first took my husband out of the house, then they 
took two of my sons — the two eldest, William and Drury — out, and 
then took my husband and the two boys away. My son John (sixteen 
years old) was spared because I asked them, in tears, to spare him. In 
a short time afterwards I heard the report of pistols — two reports ; 
after which I heard moaning, as if a person was dying ; then I heard 
a wild whoop. * * * j went out next morning in search of them, 
and found my husband and William, my son, lying dead in the road, 
near together, about two hundred yards from the house. They v/ere 
buried the next day. On the day of the burying I saw the dead body 
of my son Drury. Fear for myself and the remaining children in- 
duced me to leave the home which we had been living at, and I went 
to the State of Missouri." 

The testimony of John Doyle goes to corroborate that of his mother. 
Here follows an extract : " I found my hxther and one brother (Wil- 
liam) lying dead in the road, about two hundred yards from the house. 
I saw my other brother lying dead on the ground, about one hundred 
and fifty yards from the house, in the grass, near a ravine. His fin- 
gers were cut off ; his head was cut open ; there was a hole in hia 
breast. William's head was cut open, and a hole was in his jaw, as 
though it was made by a knife, and a hole Avas also in his side. My 
father was shot in the forehead and stabbed in the breast. I have 
talked often with northern men and eastern men in the Territory, and 
these men talked exactly like eastern men and northern men talk — 
that is, their language and pronunciation were similar to those of 
eastern and northern men with whom I had talked. An old man 
commanded the party ; he was of dark complexion, and his face was 
slim. My father and brothers were pro-slavery men, and beloiiged 
to the laio and order 'party." 

There seems to be little or no doubt that a certain notorious leader 
af the free-State party (as they call themselves) in Kansas, whose 
name it is not here deemed proper to give, was at the head of the 
party engaged in this fiendish massacre. Mr. Harris testifies that 
one John Brown, one of the leaders of the free-State party, was en- 
gaged in the killing of Sherman, and it will hardly he doubted that 
they who murdered Sherman also killed the rest — all being murdered 
on the same night and in tlie same neighborhood. Those who were 
killed, it is testified, were pro-slavery people ; and the undersigned 
has no hesitation in saying tliat these ill-fated men were deprived of 
their lives, and their wives and children made widows and orphans, in 
consequence of the insurrectionary movements instigated and set on 
foot by the reckless leaders of the Topeka convention. 



108 KANSAS AFFAIRS. 

Next in order are the outrages committed ou the propert}'- of Mor- 
ton Bourn and that of J. M. Bernard. The affidavit of Mr. Bourn 
shows that, on the night of Wednesday, the 28th day of May, 1856, 
a party of abolitionists entered his house forcibly, threatened to talce 
his life if he did not leave the Territory immediately ; took all the 
money he had, which they said they wanted to carry on the war. 
They also took guns, saddles, and horses, and then robbed his store 
of various articles. Mr. Bourn, on oath, says: ''I own slaves, and 
have a croj) of corn and wheat growing. Have never taken any active 
part with the pro-slavery party, only voted the pro-slavery ticket, and 
was for sustaining the laws. * * * These men said I must leave 
in a day or two or they would kill me, or hinted as much — said I 
would not fare well, or words to that effect, I left for fear of my life 
and the lives of ray family. They said that the war was commenced, 
that they v/ere going to light it out, and drive the pro-slavery people 
out of the Territory, or words to that amount. The men that robbed 
my house and drove me away from my property were abolitionists, or 
free-soilers. * * * j believe they hated me so because I am a pro- 
slavery man, and in favor of the Territorial laws, and because I served 
on the last grand jury at Lecompton." 

But the most llagrant case of robbery that occurred while your com- 
mittee were in Kansas was the plundering of Mr. Joab Bernard's store 
and premises. Mr. Bernard is quite a young man, and of highly re- 
spectable flimily. While prosecuting his business, he was warned that 
his life was in danger, and was compelled to leave his home for safety ; 
and during his absence his store was robbed of nearly four thousand 
dollars' worth of goods and money, and his premises of cattle and 
horses of the value of at least one thousand more. The facts of this 
case are testified to by Messrs. John ]\[iller and Thomas S. Hamilton. 
Mr. Bernard testifies himself as to his life being threatened, and the 
amount of goods in his store and other property on the premises. 
Messrs. Miller and Hamilton corroborate his testimony, and the un- 
dersigned makes their depositions a part of his report. St. Bernard, 
J. M. Bernard's place, is situated in Douglas county, on the Califor- 
nia and Fort Scott road, about tliirty miles from Lecompton. The 
robbery took place on the 27th day of May, 1856. In his affidavit^ 
Mr. Miller says : "I was in the store with Mr. Davis. Whilst there 
a party of thirteen men came to the store on horseback, armed with 
Sharpe's rifles, revolvers, and bowie-knives. They inquired for Mr. 
Bernard. I told them that he had gone to Westport. One of them 
said to me, 'You are telling a Grod damned lie,' and drew up his 
gun at me. Some of them came into the store, and the rest remained 
outside. They called for such goods as they wanted, and made Mr. 
Davis and myself liand them out, and said if we ' didn't hurry' they 
would shoot us. They had their guns ready. After they had got the 
goods — they wanted principally blankets and clothing — they packed 
them upon their horses and went away. Mr. Joab Bernard is a pro- 
slavery man." Mr. Miller recognised one of the party as an active 
free-State man. They on the next day came back with a wagon, and 
took the remainder of the goods in tlie store, except about one hun- 
dred and fifty dollars' worth — including flour, sugar, coffee, baeon, 



KANSAS AFFAIRS. 109 

and all kinds of provisions, as well as two fine horses, three saddles, 
two bridles, and all the money there was in the store. In the conclu- 
sion of his affidavit, Mr. Miller says: "When they first came, tliey 
looked up at the sign, and said they would like to shoot at the name," 
The affidavits accompanying this rei)ort are full and explanatory, and 
the undersigned Legs to make them a part of his report. They are 
sworn to before a justice of the ])eace for Jackson county, Missouri, 
and the seal of the Jackson county court is attached to the clerk's cer- 
tificate, as to the official character of the justice of the peace. The 
undersigned thinks that, in reviewing these outrages, he did not in- 
ap])ropriately characterize the Pottawatomie creek murders as instances 
ot' ''savage barbarity and demoniac cruelty," while the robberies of 
Bourn and Bernard are almost without parallel in the history of crime 
in this country. In this connexion, the undersigned deems it proper 
to state that the report so currently circulated throughout the country, 
to the elTect that the lamented Wilkinson, Sherman, and the Uoylea 
were caught in the act of hansrinsi; a free-State man, and were shot by 
a party ol free-soilers, is without the least foundation in truth — that it 
is entirely false. 

In conclusion, the undersigned begs to report the following facts 
and conclusions, as he believes, established by the testimony and sanc- 
tioned by the law: 

First. That at the first election held in the Territory under the 
organic act, for delegate to Congress, Gen. John W. Whitfield re- 
dved a plurality of the legal votes cast, and was duly elected such 
delegate, as stated in the majority report. _/' 

Second. That the Territorial legislature was a legally constituted 
body, and had power to pass valid laws, and their enactments are 
therefore valid. 

Third. That these laws, when appealed to, have been used for the 
protection of life, liberty and property, and lor the maintenance of 
law and order in the Territory. 

Fourth. That the election under which the sitting delegate, John 
W. Whitfield, was held, was in pursuance of valid law, and should be 
regarded as a valid election. 

Fifth. That as said Whitfield, at said election, received a large 
number of legal votes without opposition, he was duly elected as a 
delegate to this body, and is entitled to a seat on this floor as such. 

Sixth. That the election under which the contesting delegate, An- 
drew H. Reedcr, claims his seat, was not held under any law, but in 
contemptuous disregard of all law ; and that it should only be re- 
garded as the expression of a band of malcontents and revolutionists, 
and consequently should be wholly disregarded by the House. 

Seventh. As to whether or not Andrew H. Reeder received a 
greater number of votes of resident citizens on the 9th, than J. W. 
Whitfield did on the 1st of October, 1855, no testimony was taken 
by the committee, so far as the undersigned knows, nor is it material 
to the issue. 

All of which is respectfully submitted. 

M. OLIVER. 



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